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…
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…
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…
There are many factors that the court considers when a surviving spouse brings a wills variation application to change the will after the death of a spouse….
As I have previously discussed, on a wills variation application, the moral obligation to independent adult children is usually more tenuous than the moral obligation to the…
In Morgan v. Pengelly Estate, 2011 BCSC 1114, the court heard a wills variation claim brought by a man who had been left out of his partner’s…
The existence of a marriage agreement barring a wills variation action is not determinative of a surviving spouse’s claim under wills variation legislation. In Morgan v. Pengelly…
Under British Columbia’s estate law, if a person passes away without a will, then that person is said to have passed away ‘intestate’ (i.e., without a will)….
On a wills variation claim, the court’s decision as to whether a will makes “adequate, just and equitable” provision for a claimant requires consideration of both the…
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…
On a wills variation application, can a life estate in a matrimonial home satisfy the legal and moral obligation to a long-term, caring and dedicated spouse? A…
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