Wills Variation: Evaluating the Claims of Independent Adult Children

ReleaseWire

Vancouver, BC -- (ReleaseWire) -- 12/28/2018 -- As a team of wills and estate planning lawyers in Vancouver, it may surprise people to learn that a significant amount of will variation cases—people looking to challenge or alter a will—comes from adult children who have been disinherited and left out of their parents' wills. According to Section 60 of the Wills, Estates and Succession Act, adult independent children may ask the Court to vary the Will of their parent if the will-maker did not make adequate provision for the child. For more, go to: http://www.kushnerlaw.ca/wills-variation-claims-evaluating-the-claims-of-adult-independent-children/

The legislation uses the terms "adequate, just and equitable in the circumstances" to define the potential scope of a variation. While these terms are quite broad, the courts in British Columbia have given guidance as to what factors ought to be considered.

In the case of Dundson v. Dundson 2012 BCSC 1274, the Honourable Madame Justice Balance summarized the factors that a Court may consider in evaluating the potential size of a claim made by adult independent children:

[134] In the post-Tataryn era, the following considerations have been accepted as Informing the existence and strength of a testator's moral duty to independent children:

- relationship between the testator and claimant, including abandonment, neglect and estrangement by one or the other;
- size of the estate;
- contributions by the claimant;
- reasonably held expectations of the claimant;
- standard of living of the testator and claimant;
- gifts and benefits made by the testator outside the will;
- testator's reasons for disinheriting
- financial need and other personal circumstances, including disability, of the claimant;
- misconduct or poor character of the claimant;
- competing claimants and other beneficiaries:

Anyone who has been disinherited is advised to contact a lawyer experienced in estate litigation. To learn more, contact Kushner Law Group at 604-629-0432 or schedule a consultation.

About The Kushner Law Group
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.