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Wills Variation

Hauer & Co. > Wills Variation

Estate distribution guided by diary entries

Empty diary page - wills variation and estate distribution

In the recent decision of Trudeau v. Turpin Estate, 2019 BCSC 150, was a wills variation / estate distribution action involving four sisters, two of whom disputed the testamentary disposition by their mother of her estate. The plaintiff sought declarations that the mother’s will was the product of undue influence by one of the other sisters, that the will is invalid, and that the estate should be administered as if it was an intestacy; or alternatively, an order varying the will in a manner that is fair and equitable to all four siblings. The alternative claim for an order varying...

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Adopted-out child not entitled share of biological mom’s estate

In the recent case of Boyd v. Shears, 2018 BCSC 194, the Court addressed whether a will should be varied to include more money to the biological adopted child of the testator so as to benefit equally with her siblings at the expense of the plaintiff, the testator’s spouse. All parties agreed that the will of Ms. Beverly Boyd failed to make adequate provision for the plaintiff, Albert Boyd, her husband of 34 years. However, one of the residual beneficiaries, Ms. Kelly Shears, had not agreed to the specific proposal that has been made to vary the will. Ms. Boyd died...

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