Left Out of Spouse’s Will: Do I Bring a BC Estate Law or Family Law Claim?
When a will fails to make adequate provision for a surviving spouse, does the surviving spouse bring a claim for division of family assets against the deceased’s…
Partner Died Without a Will in BC: Common-Law Partner’s Inheritance at Risk
When a person has died without a will in BC – known as dying “intestate” – it results in the deceased person’s estate being distributed according to…
BC Estate Law: Does Common-Law Spouse Inherit If Partner Dies Without a Will?
BC estate law sets out a detailed scheme for distribution of assets if someone passes away without a will. A person dying without a will is deemed…
Wills Variation: Testamentary Freedom vs. Legal/Moral Duties
The conceptual core of wills variation legislation is to permit judicial interference with testamentary freedom where adequate provision has not been made in respect of a narrow…
Long-Term Second Spouse’s Successful Wills Variation Claim
The British Columbia court was recently asked to decide a wills variation claim brought by a long-term second spouse who was essentially left out of her husband’s…
Estate Law – Common Pitfalls when Preparing a Will
At Onyx, we’ve seen many estate files where family members dispute the will because the will was prepared inadequately. Below, we’ve outlined some common pitfalls that may…
Estate Litigation: Who Can Contest a Will
Not everyone can contest a will; for example, I cannot initiate a claim to vary my uncle’s will if he didn’t leave me a share of his…
Estate Litigation: Common Reasons for Contesting a Will in BC
If you are a spouse or a child who was disinherited from or only received a nominal amount from your spouse or parent’s estate, then you may…
Wills variation: Legal and Moral Obligations to Second Spouse
The principle issue in the wills variation action in Westman (Guardian ad litem of) v. Westman Estate, 2000 BCSC 236 was whether the testator fulfilled his legal…
Wills Variation: Date for Adequate Provision in a Will
The Court of Appeal in Eckford v. Vanderwood, 2014 BCCA 261 affirmed that in a wills variation action, the date of death of the testator is the…