What is the law? Wills Variation Actions & Estate Issues
Overview of the law and principles governing Wills, Estates and Wills Variation actions in British Columbia.
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Wills variation
- Can a parent disinherit an adult child?
- What behaviour by a child will justify disinheriting that child?
- The testator rarely saw the child after the divorce – is that grounds to disinherit?
- The will sets out why I was disinherited, but the facts are untrue – can I challenge the will?
- The children were treated unequally in the will – is that fair?
- Can I challenge the will if my parent’s estate is left to my young step-mother?
- Who gets priority in a Wills Variation action – minor children or the second wife?
- Will a pre-nuptial agreement affect the outcome of a Wills Variation action?
- What size of gift is large enough to satisfy the court?
- Is the estate big enough to satisfy all the claims?
- What factors will the court consider when deciding if a bequest is adequate?
- What is an adequate bequest for a common law spouse?
- The wife of the deceased spent the money before the testator died – can anything be done?
- The value of the estate changed a lot between the time the will was drafted and the date of death – does that matter when deciding whether a gift to a child is fair?
- Can DNA evidence be used to prove that a Testator is not the father of a child even though he is listed as the father on her birth certificate and immigration papers?
- What is the role of the executor in a Wills Variation Action?
Interpreting wills
- The will divided the house between the children and step-mother, who still lives in the house: what can be done?
- The will makes a gift to grandchildren: who shares in the gift?
- I say the will means one thing, the executor says it means something else. I know the testator did not mean to disinherit me. How can I prove this?
- Is a will that tells the executor to distribute the estate “as she sees fit” valid?
Other estate issues
- Is a homemade will valid?
- The testator spoke little English – is the will valid?
- Is the will valid if the testator had dementia when it was made?
- The deceased gave away his assets before he died – can anything be done?
- Who gets to decide what happens to the deceased’s remains?
- If an original will cannot be found, can a copy of the will be used for probate instead?
- Can an estate be distributed where the will gives legacies to unborn beneficiaries?
- When will a common law spouse inherit the estate?
- My father’s care giver is after his money – can we stop this?