Estrangement & Wills Variation
Estrangement & Wills Variation in BC Law Separation, Abandonment, or Estrangement & the Testator’s Moral Duty The Wills Estates and Succession Act (“WESA”) provides children of a deceased person with a legal right to sue on their estate and vary a will. One of the circumstances where this situation arises is when an adult child has been estranged from the parent and thus the parent …Read more →
BC Court of Appeal Considers Spouses Who Keep Finances Separate
Wills Variation Litigation Court of Appeals Case Morality & Law: BC Court of Appeal Considers Spouses Who Keep Finances Separate The British Columbia Court of Appeal recently released a decision in the matter of Kish v. Sobchak Estate, 2016 BCCA 65. In this decision, the Court of Appeal considered the decision of a trial judge on a summary trial application in …Read more →
Cohabitation Agreements in Wills Variation Claims
BC Supreme Court on Cohabitation Agreements BC Wills Variation Claims In British Columbia, under both the Wills Estates and Succession Act (“WESA”) and the Family Law Act, common law spouses are afforded the same protections as married spouses and have the standing to bring law suits to vary wills if they believe that they have not been treated fairly by their deceased partner. …Read more →