Skip to content
  • Home
  • Services
    • Personal Injury
      • Car Accident Injury
      • Motorcycle Accident Injury
      • Bicycle Accident Injury
      • Pedestrian Accident Injury
      • Slip & Fall Accident Injury
      • In-Flight Injury on Airplanes
      • Child & Infant Injuries
      • Medical & Dental Malpractice
      • Elder Care Negligence & Abuse
      • Dangerous Premises
      • Sexual Abuse
      • Commercial & Social Host Liability
      • Severe Injuries
    • Estate Litigation
    • Insurance Denials
    • Product Liability
    • Class Action
  • Case Studies
    • ICBC / Personal Injury Cases
    • Estate Litigation Cases
  • Community
    • Community Relationships
    • Charitable Giving
  • Legal Resources
    • Sexual Assault Handbook
    • Personal Injury & ICBC Claim Handbook
    • Estate Litigation Handbook
    • Legal Articles
  • About
    • Meet your team
    • Media Centre
    • Legal and Academic Partnerships
  • Contact
Menu
  • Home
  • Services
    • Personal Injury
      • Car Accident Injury
      • Motorcycle Accident Injury
      • Bicycle Accident Injury
      • Pedestrian Accident Injury
      • Slip & Fall Accident Injury
      • In-Flight Injury on Airplanes
      • Child & Infant Injuries
      • Medical & Dental Malpractice
      • Elder Care Negligence & Abuse
      • Dangerous Premises
      • Sexual Abuse
      • Commercial & Social Host Liability
      • Severe Injuries
    • Estate Litigation
    • Insurance Denials
    • Product Liability
    • Class Action
  • Case Studies
    • ICBC / Personal Injury Cases
    • Estate Litigation Cases
  • Community
    • Community Relationships
    • Charitable Giving
  • Legal Resources
    • Sexual Assault Handbook
    • Personal Injury & ICBC Claim Handbook
    • Estate Litigation Handbook
    • Legal Articles
  • About
    • Meet your team
    • Media Centre
    • Legal and Academic Partnerships
  • Contact

*

ICBC CLAIM LIMITS the AND NEW
NO FAULT INSURANCE

Click here

publicly reported cases

Home > Case Studies > What if you favor one beneficiary over another?

What if you favor one beneficiary over another?

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. Despite the children supporting their father emotionally and financially during his health decline, the father had delusions that his children were trying to kill him, due to his alcoholism and psychiatric issues. This lead to his distrust of them and this was reflected in the distribution of his Will. At the time of his death, one of his sons also struggled with alcoholism, and both sons struggled to support themselves financially. The court found that the deceased had strong moral obligations to provide for his sons. Each of his sons was awarded 40% of his estate. The ex-wife’s 10% share was not redistributed, as it was recognized that she provided consistent assistance to the deceased, even after they had divorced. The remaining 10% was apportioned between the other relatives mentioned in the Will.

HOW DID A LAWYER HELP?

In cases such as this, a lawyer will advocate for you in court to obtain an order to vary the Will, to reflect the obligations under the Wills, Estate and Succession Act. These claims can be lengthy and complicated, and it may be unclear if you have a claim or what evidence a judge will find convincing. To alleviate the stress of a court action while mourning the death of a loved one, consult with an estate litigation lawyer who can handle the arduous court process.

Share on facebook
Share on google
Share on twitter
Share on linkedin

Here's how our Estate Litigation lawyers can help you.

PUBLICLY REPORTED CASES

Can post-death taxes be considered in will variation claims?

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).

Read More
Helena Teteris

Do legal obligations to a spouse compare to moral obligations to a child?

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.

Read More
Helena Teteris

Can you justify disinheritance of adult children in your Will?

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.

Read More
Helena Teteris
PrevPreviousWhat if you question the motives of a loved one’s marriage?
NextCan you justify disinheritance of adult children in your Will?Next
DOWNLOAD THE ESTATE LITIGATION HANDBOOK

Helpforme was created so that the focus from start to finish is on you and your needs.

Meet Your team
your wellbeing is our priority.
We take a personalized approach to each client’s situation. As for legal fees, we take claims on a contingency basis wherever possible. We’ll support you through every step of your claim.

Contact Us

we are pleased to offer you legal services in these additional languages:

Mandarin

Cantonese

Vietnamese

Farsi

Get Directions

Add Waypoint
show options hide options
Print directions Reset directions
Fetching directions......
Reset directions
Print directions
Facebook Twitter Instagram Youtube Linkedin
© 2022 Hammerco Lawyers LLP. All Rights Reserved.

Designed by My Loud Speaker

Be stronger when accidents happen. Our app guides you through every step of the way.
Download on the App Store Get it on Google Play

Privacy Policy | Terms of Use

Designed by My Loud Speaker