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…
Limitation period for wills variation in British Columbia
What is the limitation period for bringing a wills variation claim in British Columbia? It is important to know how long you have to challenge a will,…
Testamentary Capacity: Hearsay Evidence as to State of Mind
In Chang Estate v. Chang, 2013 BCSC 976, aff’d 2014 BCCA 28, the court relied on hearsay evidence in determining the validity of a will which essentially…
Wills Variation Claims: Balancing Moral Obligations
On wills variation claims, the courts are frequently tasked with balancing the moral obligations of a will-maker to a second spouse and to an adult independent child…
Can You Disinherit an Adult Child?
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)…
Can You Leave Your Estate to Friends?
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…
Can You Have Unequal Division of Estate in a Will?
The unequal division of estate and property under a will must be valid and rational based on the reasons provided by the testator. If the court decides that…
Can a Will be Varied Under Moral Obligation?
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…