B.C. Act favourable for disinherited children
British Columbia’s Wills Variation Act is a powerful tool in mediation and settlement discussions, Toronto trust and estate lawyer Ian Hull says in an article in Canadian Lawyer. Read Canadian Lawyer
B.C. is likely the most favourable province for a disinherited child launching a claim for a portion of a parent’s estate because of the Act, the article says.
The statute, which came into effect in 1920, permits courts to “make adequate provision” for the support of a testator’s spouse and children, the magazine reports.
“Mediation in this area has decimated case law,” Hull, partner with Hull & Hull LLP, tells Canadian Lawyer. “But from a practical standpoint, the independent child, moral obligation claim is pursued much more than it ever was and these cases are settled. The fact that B.C. has a statute is overplayed. It is a very powerful tool in mediation and settlement discussions.”
To date, courts in Ontario have not explicitly recognized a moral obligation for claims by independent children, but lawyers who practise in this area say the law is not that different than in B.C., Canadian Lawyer reports.
