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…
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…
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…
On a wills variation application, the date of death of the will-maker is the date to be used in determining whether a will-maker has made adequate provision…
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…
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