Wills Variation: Date for Adequate Provision in a Will
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…
Can You Vary a Will Depending on an Independent’s Financial Needs?
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….
Tataryn: BC’s Leading Case on Wills Variation Act
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…
A Power of Attorney Must Act in Good Faith
The case, Robillard v. Robillard Estate, 2015 BCSC 1417, highlights the responsibilities of a power of attorney, and the potential for a dishonest person to abuse that role. Marc…
How to Know If You Can Dispute a Will and Win
I often get calls from people about what their chances are of winning if they dispute a will. Take a breath. Disputing wills can be emotionally difficult….
Case Comment: Estate of Young, 2015 BCSC 182
Background Last spring, the Wills, Estates and Succession Act (“WESA”) came into force, modernizing estate law in British Columbia. WESA was created in order to provide greater…