Archive for July, 2014

Court Upholds Effective Disinheritence

The British Columbia Supreme Court recently refused to vary a mother’s Will that left only a token $10,000 to an estranged son.  In Brown v. Pearce Estate, the challenged Will read in part: “I wish to leave no more than the $10,000 referred to above to my estranged son…Although I have sacrificed for him and I have… View this post »

Court of Appeal in the position of a Trial Court in Wills Variation Appeals

In Eckford v. Vanderwood, 2014 BCCA 261, the British Columbia Court of Appeal (the “Court”) was faced with an appeal of a wills variation action.  At trial, the application to vary the Will was denied.  On appeal, the Court dismissed the appeal and upheld the trial decision, thus refusing to vary the Will. The common… View this post »

Revoking a Will – Destruction of a True Copy Not Sufficient

In Morton v Christian, 2014 BCSC 1303, the British Columbia Supreme Court (the “Court”) grappled with the issue of proper revocation of a Will.  It was determined that the destruction of a true copy of a Will does not satisfy the requirements for revocation when the original is known to be safely kept elsewhere. In… View this post »