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Canada Case Law

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Wills and estates 2023 BCSC 1348

Lemire v. Von Hollen

The court found a nearly 30-year marriage-like relationship and varied the will to give Mr. Lemire 50% of the net sale proceeds of the home, plus interest.

  • Marriage-like relationship
  • Will variation
  • Maintenance from estate
  • Family property division
  • Moral and legal obligations
  • Will-variation
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Wills and estates 2022 BCSC 907

Pascuzzi v. Pascuzzi

The Supreme Court of British Columbia varied a will under s. 60 WESA, finding a moral obligation to an adult daughter and awarding her 30% of net estate.

  • Wills variation
  • Moral obligation of testator
  • Testamentary autonomy
  • Maintenance from estate
  • Section 60 wesa
  • Wills-variation
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Wills and estates 2020 BCSC 450

Scurek v. Scurek

British Columbia Supreme Court varied a will under WESA s. 60, finding inadequate provision for an adult disabled daughter and rejecting the idea that gifts to her sons satisfied that duty.

  • Variation of will
  • Moral obligation to adult child
  • Testamentary autonomy
  • Maintenance from estate
  • Wills-variation
  • Estate-support
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Wills and estates 2017 BCSC 1946

Unger v. Unger Estate

The court varied a will under British Columbia’s Wills Variation Act, finding inadequate provision for a long-term spouse and ordering her 30% of the residue.

  • Wills variation act
  • Maintenance from estate
  • Spousal entitlement
  • Gifts and resulting trust
  • Family law act property division
  • Costs in estate litigation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.