If you’re entangled in an estate litigation case, these publicly reported cases may be of interest to you. While these are not cases Helpforme was involved in, the decisions may help you understand how the law might affect you.
In Ciarniello v. Ciariello Estate, 2016 BCSC 1699, the will-maker and his wife lived together for 39 years. He had five adult children (including three from a previous marriage).
In Tataryn v. Tataryn, [1994] 2 SCR 807, the will-maker had 2 adult independent children (J and E) and a spouse. The will-maker disliked their son J due to his religious convictions.
In the case of Clucas v. Royal Trust Corporation of Canada, 1999 CanLII 5519 (BCSC), the will-maker acknowledged the potential claim to vary her Will due to the exclusion of her adult child and addressed this in her Will.
Lamperstorfer v. Lamperstorfer Estate, 2018 BCSC 89 involved an action by the children of the deceased to vary their father’s Will. The Will left 25% to each son, 10% to his ex-wife, and the remainder to other relatives who were not around for most of his life.
What can you do if your loved one has been the victim of a predatory marriage? In the case of Devore-Thompson v. Poulain, 2017 BCSC 1289, there was an application made to the court to declare the deceased’s marriage void, thus invalidating the gifts in her Will.
How do Family Law obligations affect the distribution of assets under the Wills, Estates and Succession Act? In Gibbons v. Livingston, 2018 BCCA 1452, the Court clarified which claims should be made under family law and which under estate law.
What happens to your remains if this is not specified in your Will? In Vinepal Estate (Re), 2018 BCSC 806, the petitioner applied for control of the remains of the deceased.
In the recent case of Herbach v. Herbach Estate, 2018 BCSC 1459, a Will was challenged on the basis that it disproportionately favoured certain children of the deceased.
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