Estate Litigation: Sibling Rivalry
Variation of Wills & Sibling Inequality Fair & Unfair Wills It is clear from the law that has developed with respect to the variation of wills, that testators may have a moral obligation to provide for their children in their wills. One of the interesting issues that sometimes arises is how will a court treat a will that substantially prefers …Read more →
Estate Litigation: Making Sense of “Morality” – Part 2
Community Standards in Canada & Wills Variation Equality of Sons & Daughters In the previous post Estate Litigation: Making Sense of “Morality” – Part 1, we explored the intersection of morality and freedom of testators to disinherit beneficiaries (specifically) children whose conduct they may view as being immoral. The actions of the testator and their reasons for disinheriting beneficiaries are considered in the …Read more →
Estate Litigation: Making Sense of “Morality” – Part 1
Estate Litigation: Morality & Wills Variation (Part 1) Grounds for Wills Variation Morality, and specifically community standards of morality, are not static concepts and they often evolve as communities embrace diversity and inclusiveness. Competing ideas of what is “moral” are often at the heart of wills variation and estate litigation claims where a deceased person may wish to punish his or …Read more →