All posts in the ‘Wills Variation’ category

Court Rejects Disinheritance of Children based on “Invalid” Reasons

“Testamentary freedom” is the notion that a will-maker (or “testator”) is entitled to divide her property upon death however, and to whoever, he or she sees fit. In certain circumstances, however, statutes and courts in British Columbia and other jurisdictions have limited this freedom, by requiring the will-maker to provide for certain beneficiaries in the… View this post »

What is a marriage-like relationship?

Over the last number of decades, families and relationships have become increasingly more complicated, often making estate matters more complex and litigious. For example, when a person claims to be the spouse of a deceased, and the family, or other beneficiaries, either do not recognize them as a spouse or were not aware of a… View this post »

Court allows disinheritance of estranged children

The recent decision of Kong v. Kong confirms (and not for the first time) that in some circumstances the court will support the decision of a parent to exclude an adult child from their will entirely, and deny a claim under BC wills variation legislation. In this case the court disallowed the claims of two disinherited sons, and… View this post »