The wife of the deceased sought variation of his will under the WVA asserting it did not make adequate, just and equitable provision for her. The will had been drafted September 24, 2003 and the testator died September 7, 2013 (pre-WESA). The plaintiff was the second wife of the deceased, but their relationship had lasted approximately 34 years. The plaintiff had two children from her first marriage. The deceased had four children from his first marriage.
The petitioner, Debi, sought a determination pursuant to s. 58 of WESA whether the signed document of her deceased father, Larry, dated February 7, 2016, represented his intentions to replace his Will dated August 11, 2015. The petition was not opposed. This case was another example which highlighted the use of the s. 58 curative provisions of WESA to assist the court in determining an individuals' wishes after death.
The testator had two sons, but one did not know the identity of his biological father until his teenage years. When the testator died, he left the estate equally between his sister, the executrix of the estate, and one of his son’s (E). Subsequently, in 2013, E’s mother brought an application (as legal guardian), on E’s behalf, under the Wills Variation Act to vary the will. Through this application, the matter was settled whereupon E would receive 80% of the estate and W would receive 20%. Later, the estranged son, J, brought an action for an order that the will provide provision for him as well.
In this case, the judge took an open-minded approach in addressing whether or not a couple had been “common-law” in the eyes of the law. Mr. Chambers applied for a declaration that he was the “spouse” of Ms. Connor, within the meaning of s. 2 of WESA, although they were not legally married, did not live together and did not have any children. Ms. Connor did not have any children and she was predeceased by both her parents and her only full sibling. The application was opposed by Ms. Connor’s five half-siblings, which Ms. Connor had never met.
Dr. Philp (84) brought a claim under s. 2 of the Wills Variation Act as he felt the will of his wife did not make adequate provision for him. While both Dr. Philp and the deceased had previous marriages, they had a long relationship together and were married for 31 years. The will provided Dr. Philp a life interest in the family farm property (owned originally by the couple as joint tenants) as well as the income generated from the residue of the estate until his death. The value of the estate at the time of death was valued at $677,000.
The testatrix died February 9, 2015, aged 91, and was survived by 3 children. The will, made September of 2000, detailed her daughter, the petitioner in this action, was to receive “any property which I may own and be using as a home at the date of my death”. At the time the will was made, the testatrix owned a home on Hornby Island, but it was later sold and, at the time of her death, she did not own a home. The question became, should the daughter receive an amount equivalent to the proceeds of sale of the property?
The Plaintiff was born to the testatrix, but was subsequently legally adopted when he was ~1 year old. The Plaintiff later reunited with his birth mother and they enjoyed a loving relationship. In his birth mother's will, the Plaintiff was to be left a portion of her estate. The Plaintiff brought an action seeking variation of the will pursuant to s. 60 of WESA, but the Executor of her estate brought an application to dismiss the Plaintiff's claim arguing he did not have standing to advance such an action under WESA.
Upon the death of Patricia Burns, a number of legal issues arose relating to her sizable estate valued more than $2.5 Million. Her daughter, Leslie Davis, brought an action under s. 60 of WESA alleging that her mother’s will did not make adequate provision for her, the only child. Additionally, Brent Dale brought an application under WESA for the payment of an interim distribution of $250,000 from the estate as he was a beneficiary under the will. The largest asset of the estate had been a house located in Vancouver and was sold in February of 2016. Patricia had left two wills: one that was dated October 2010 and another from 2005.
The testator left behind an estate worth over $2 million and his will detailed it be divided into two shares, one to his son absolutely and the income of the other to his wife for life, then to be divided among her son’s living children upon her death. The wife brought an application to vary the will as she felt the will failed to adequately address the legal obligations to her. The couple had been married for 53 years and their finances had been intimately entwined.
The wife of the deceased, Dr. Dominic Ciarniello, sought variation of her late husband’s will as she felt the will did not make adequate, just and equitable provision for her. The testator left behind a sizable estate and his wife of 28 years (39 years together) and 5 adult children (3 being from previous marriage). The will provided that after certain specific gifts, the residue of the estate was to be divided equally among his 5 children and his wife was only to receive any interest he had in the family home in Vancouver. Under the circumstances, the plaintiff felt she was not adequately provided for. The claim was brought by summary trial application.
The petitioners, the sons of the deceased, applied to remove the executor and trustee under the last will of their father. With their application, they also sought an order appointing them as executors and trustees in substitution of the respondent. The respondent, the widow, sought a number of orders. After isolating the issue, the court granted the respondent’s application to remove her and place them in the position of executor and trustee of their father’s estate.
The Deceased’s Will named a niece as Executor and sole beneficiary of the estate. Through the regular path, the named niece brought an application for probate and was issued a grant. The Deceased’s nephew then brought an action against the niece in her personal capacity, and in the capacity as executor, challenging the will claiming the Deceased lacked testamentary capacity and was unduly influenced by the niece. The nephew sought an order that the will was invalid and damages for unjust enrichment and quantum meruit. The niece also sought an order including one under s. 86 of the Trustee Act for advice and directions respecting management or administration of trust property and that she was entitled to use estate funds to defend the civil action.