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…
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…
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…
Eckford v. Vanderwood, 2014 BCCA 261 raises the oft seen competing wills claims of adult independent children of a first marriage and a second spouse. In this…
In Hadley Estate (Re), 2016 BCSC 765, the British Columbia Supreme Court was asked to use the discretion conferred by the Wills, Estates and Succession Act, S.B.C….
A recent legal challenge, in the British Columbia Supreme Court case of Becker v. Becker, 2016 BCSC 487, was brought to settle an elderly woman’s estate. This…
The case for disinheriting an adult child In this case, the BC Court of Appeal considered a trial judge’s discretion in varying a will under s. 2(1)…
The case for leaving your estate to friends In this case, the testator left a significant portion of his estate to someone outside the family. Mr. John Nightingale…
The court will be hesitant to interfere with a competent will maker’s testamentary authority where the will provides equal distribution of the estate between independent adult children….
Testator’s legal and moral duties inform will variation Tataryn v. Tataryn Estate, [1994] 2 S.C.R. 807 is the leading case on British Columbia’s Wills Variation Act, which…
This was a dispute between a widow and her two stepsons regarding her deceased husband’s estate. The background: Saugestad v. Saugestad, 2008 BCCA 38 Joan and Ragnar Saugestad married…
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