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Wills variation act 2018 BCSC 89

Lamperstorfer v. Plett

The court varied a will under British Columbia’s Wills Variation Act and dismissed an unjust enrichment claim arising from family work and caregiving.

  • Testamentary autonomy
  • Moral obligations to children
  • Juristic reason
  • Admissibility of business/medical records under wva s.5
  • Variation of wills
  • Constructive trust
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Wills variation act 2014 BCSC 1574

Wang v. Halliday

Appeal in a Wills Variation Act proceeding about whether an executor who filed a response must produce a list of documents under Rule 7-1, subject to privilege and possible exemption.

  • Rule 7-1 disclosure obligations
  • Executor duties and neutrality
  • Party of record status
  • Remittance to master
  • Privilege handling for estate documents
  • Civil-procedure
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Wills and estates 2013 BCSC 1762

Moore v. Drummond

The court varied a will under the Wills Variation Act, finding insufficient provision for an adult son and dividing the estate equally between him and the neighbours-beneficiaries.

  • Testamentary autonomy
  • Moral obligation to adult children
  • Adequate provision under s.2
  • Disinheritance
  • Variation remedy
  • Wills-variation-act
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Trusts 2010 BCSC 1608

Usher v. Larabee

The court dismissed claims that the defendant had orally agreed to hold her estate in trust for her sons, finding the evidence vague, contradictory, and insufficient.

  • Alter ego trust
  • Express trust
  • Constructive trust
  • Unjust enrichment
  • Oral promises/evidence
  • Certificate of pending litigation
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Equity 2010 BCSC 161

Riley v. Riley

The court dismissed a сын's challenge to a 2007 house transfer to his sister, finding no undue influence and holding the bare trust ended before death.

  • Resulting trust
  • Presumption of undue influence
  • Bare trust
  • Inter vivos transfer
  • Executorship
  • Joint bank accounts
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Wills variation act 2009 BCSC 537

Todd v. Walker

A Wills Variation Act costs ruling held the defendant/executor personally liable for the plaintiff’s costs, with double trial costs under Rule 37B.

  • Costs allocation
  • Executor liability for costs
  • Offers to settle (rule 37b)
  • Variation of wills
  • Wills-variation-act
  • Estate-litigation-costs
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Estate law 2004 BCSC 1668

Cohen-Rose v. Cohen, et al.

Master McCallum ordered partial production of estate and business records in a Wills Variation Act motion, but refused or adjourned requests lacking relevance or possession and control.

  • Discovery and production
  • Executor disclosure duties
  • Relevance in wills variation proceedings
  • Possession and control of documents
  • Confidentiality and third party privacy
  • Costs
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Wills and estates 2003 BCSC 466

McKee Estate

The court allowed an applicant to withdraw her renunciation as executor of an estate, finding exceptional circumstances and that her involvement might assist resolution of estate issues.

  • Withdrawal of renunciation
  • Executor conflict of interest
  • Interpretation of will
  • Constructive trust
  • Secret trust
  • Litigation guardian
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Wills variation act 2002 BCSC 678

Chan v. Lee

Wills Variation Act decision allowing the daughters’ claim, rejecting the limitation defence on estoppel grounds, and varying the will and share disposition.

  • Wills variation
  • Statute of limitations
  • Estoppel by conduct
  • Probate notice (s.112)
  • Executor duties
  • Share ownership and valuation
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Wills variation act 2001 BCSC 1702

Janus v. Lachocki Estate

The court dismissed a Wills Variation Act claim, finding the plaintiff failed to prove a common-law or marriage-like relationship with the deceased.

  • Common-law spouse
  • Cohabitation
  • Entitlement from estate
  • Credibility and evidence
  • Power of attorney and testamentary intent
  • Wills-variation-act
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