In this article we will discuss important points from Gibb Estate (Re), 2021 BCSC 2461 https://www.bccourts.ca/jdb-txt/sc/21/24/2021BCSC2461.htm on mental capacity, validity of wills, and the court’s duty to…
When a will fails to make adequate provision for a surviving spouse, does the surviving spouse bring a claim for division of family assets against the deceased’s…
When a person has died without a will in BC – known as dying “intestate” – it results in the deceased person’s estate being distributed according to…
BC estate law sets out a detailed scheme for distribution of assets if someone passes away without a will. A person dying without a will is deemed…
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 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…
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…
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…
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…
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…
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