Interim Disbursement Refused as it Amounted to Re-Writing of Disputed Will
BC courts have discretion to order interim payment from an estate before the trial and determination of a wills variation claim. What the courts do not have…
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…
Can Beneficiaries Receive Interim Distribution Pending Wills Variation Claim?
A child or spouse who is disinherited or not adequately provided for in a Will can bring an action seeking a variation. Wills variation litigation can take…
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…
BC Executor’s Fees Not Allowed for Opposing Wills Variation Claim
When a disappointed beneficiary brings a claim to vary a will, the executor should not pick sides between beneficiaries or use estate funds to finance litigation. Executors…
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…
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…
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…
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…
BC Court Refuses Disinherited Daughter’s Wills Variation Claim
A spouse or child who is left out of a will can bring a wills variation claim, which requires the court to consider the reason for disinheritance….