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Difference between revisions of "Wills Variation Claims (16:VII)"
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Wills Variation Claims (16:VII) (view source)
Revision as of 19:54, 28 October 2016
, 19:54, 28 October 2016→A. Application Under the Act
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The court may consider the applicant’s character or conduct, and variation may be refused on this basis (WESA, s 63(b)). If the estate is large and the spouse or children were not mentioned in the will, or they think they were inadequately or unfairly provided for, they should consult a lawyer. LSLAP cannot assist clients with wills variation claims. | The court may consider the applicant’s character or conduct, and variation may be refused on this basis (WESA, s 63(b)). If the estate is large and the spouse or children were not mentioned in the will, or they think they were inadequately or unfairly provided for, they should consult a lawyer. LSLAP cannot assist clients with wills variation claims. | ||
'''NOTE:''' In a decision of the BC Supreme Court, ''Ward v Ward Estate'', 2006 BCSC 448, it was held that a marriage agreement that purported to bar claims under the ''Wills Variation Act'' was not determinative of the issue. | :'''NOTE:''' In a decision of the BC Supreme Court, ''Ward v Ward Estate'', 2006 BCSC 448, it was held that a marriage agreement that purported to bar claims under the ''Wills Variation Act'' was not determinative of the issue. | ||
== B. Definition of Spouse in WESA == | == B. Definition of Spouse in WESA == | ||
