Category: WESA s.60
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Spite Not a “Valid and Rational” Reason to Disinherit a Child
Wills variation proceedings are often brought about by estrangement, misunderstandings, and hurt feelings within a family. Enns v. Gordon Estate, 2018 BCSC 705 shows how family grudges can lead to disappointed beneficiaries and estate litigation. In Enns, a BC woman brought a wills variation claim after being restricted to a 1% share of her mother’s […]
Who Caused the Estrangement that led Father to Disinherit Daughter?
In cases where a parent disinherits an adult child, the BC courts will examine the relationship between the parent and child and consider a number of factors, including the reason for the disinheritance. While an application to vary a will is not intended as a tool to award compensation for past mistreatment, the existence and […]
Overprovision for Daughter Tantamount to Disinheriting Other Children in BC Will
Two of three children sought variation of their late mother’s will in McBride v. Voth, 2010 BCSC 443, arguing that their mother failed to make adequate provision for them. Unlike most BC wills variation claims, there was no history of maltreatment by the will-maker or by any of her children, or of any estrangement among […]