Category: Wills Variation
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Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim
Once a wills variation claim is filed, the executor cannot distribute the estate without the consent of the affected beneficiaries or a court order. A beneficiary who needs funds in the meantime can apply under section 155 of WESA for an interim distribution, which the court weighs using the Hecht v. Hecht factors before deciding […]
Father Disinherits Daughters in a Misguided Attempt to Punish Them
Quick answer: A parent in BC generally cannot disinherit a child simply out of anger and have it stick. Under section 60 of the Wills, Estates and Succession Act, a child — including an independent adult child — can ask the court to vary a will that fails to make adequate, just, and equitable provision […]
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 […]
What Happens When Is BC Wills Variation Claim Nets Increased Inheritance for Only Child?
In BC, a disinherited or lightly-provided-for child can bring a wills variation claim, and the court scrutinizes the will-maker’s reasons. Even a written explanation for unequal treatment may not hold up. In Schipper Estate, a devoted only child’s share was increased despite the parents’ stated plan. In BC, if a child is disinherited by a […]
BC Court Finds Father Had Good Reason to Disinherit Two Sons: Case Analysis
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 […]
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 […]
BC Wills Variation: Moral Obligation to Child Not Met by Benefiting Grandchildren in Scurek v. Scurek Case
Can a testator discharge his moral obligation to his adult daughter by benefiting her sons at her expense? In the circumstances in Scurek v. Scurek, 2020 BCSC 450, a recent BC wills variation claim, the court said no. Grandchildren do not have moral claims under BC wills variation law, nor do grandchildren have a legal obligation […]
Vancouver Estate Litigation: Did Mother Intend to Give House to Son?
As I have recently discussed, gratuitous inter vivos transfers made without consideration frequently give rise to Vancouver estate litigation. As people age they often transfer property gratuitously to their adult children, and then hold it with them in joint tenancy. If, after the parent dies, it is unclear whether the parent intended to gift the […]