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Category: WESA s.60

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Estranged Daughter Left Out of Will: A Case Study

A classic example of an estranged child being left out of a will is the case of LeVierge v. Whieldon. In this dispute, a daughter contested her exclusion from her mother’s will, arguing that their estrangement was not a valid reason for her disinheritance.The BC court did not accept the daughter’s characterization of her relationship […]
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How Long Does It Take to Receive Inheritance from a Will?

How long after someone dies do you get an inheritance in Canada? What is the process of receiving an inheritance? Can an executor withhold money from a beneficiary? These are important questions that arise after the death of a friend or family member. The reality is that it will take several months—and in some cases, […]
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Interim Distribution of an Estate

If you are a beneficiary who is waiting for the outcome of a wills variation claim, you may be facing the frustrating prospect of having your rightful share of the estate tied up in legal proceedings for months or even years. The good news is that interim distribution is possible, even while the litigation is […]
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Wills Variation Act in British Columbia

The Wills Variation Act in British Columbia allows spouses and children to contest a will in certain circumstances, ensuring that they are provided for even if they have been unfairly left out. But what if a will-maker has disinherited a family member or treated beneficiaries unequally? Inconsistency can arise in determining the will-maker’s reasons for […]
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BC Inheritance and Estate Laws

It is a fact of life that all of us will experience the loss of loved ones. When family members die, it can bring up a lot of emotions. It can also bring up a lot of confusion and questions about inheritance rights. For that reason, it is so important to understand BC inheritance law. […]
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Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim

Once a disappointed beneficiary starts wills variation proceedings, the executor is not permitted to distribute the estate without the consent of the beneficiaries whose interests might be affected, or failing that, a court order. In Davis v. Burns Estate, 2016 BCSC 1982, litigation was commenced by the disinherited daughter of the deceased. As a result, […]
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Father Disinherits Daughters in a Misguided Attempt to Punish Them

A Will can be a last opportunity for a parent to do right by a child. In a recent BC estate matter, a father instead used his Will to explicitly disinherit his twin daughters, denouncing them as illegitimate and instructing his executors to fight any attempt by the twins to vary his will. The Court […]
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Cultural Tradition Favouring Sons Rejected by BC Courts

Equal treatment of siblings is not always required when dividing an estate in BC. However, variation of a will may be in order if unequal treatment of sons and daughters is based on cultural traditions that do not align with modern Canadian values. Contemporary standards create a reasonable expectation of children sharing equally in a […]
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BC Wills Variation Claim Nets Increased Inheritance for Only Child

In BC, if a child is disinherited by a parent or left only a modest benefit, that child can bring a wills variation claim. The parent’s reasons for making the disposition will be scrutinized by the court. Sometimes, a parent will leave behind a detailed, written statement explaining exactly why they decided to disinherit a […]
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BC Court Finds Father had Good Reason to Disinherit Two Sons

If you have been left out of your parent’s will or not treated equally when compared with your siblings, it may be open to you to bring a wills variation claim, asking the court to change the will in your favour after your parent’s death. However, as the court’s decision in Kong v. Kong, 2015 […]
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