BC Wills Variation: Moral Obligation to Child Not Met by Benefiting Grandchildren
Can a testator discharge his moral obligation to his adult daughter by benefiting her sons at her expense? In the circumstances in Scurek v. Scurek, 2020 BCSC 450,…
Can a testator discharge his moral obligation to his adult daughter by benefiting her sons at her expense? In the circumstances in Scurek v. Scurek, 2020 BCSC 450,…
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…
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…
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…
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…
Dividing an estate in a blended family can be complicated, as I have previously discussed. When a parent dies, biological children may clash with their stepparent over…
As I discussed in an earlier post, in wills variation proceedings, the courts are frequently tasked with balancing moral obligations of a will-maker to a second spouse…
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