Sign in
Canada Source-linked decisions Coverage checked

Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Canada decisions

Decisions matching the current search

Clear filters
Wills and estates 2024 BCSC 1633

Kan v. Cheong

A British Columbia court varied a will under s. 60 WESA, finding inadequate provision for a daughter who had been treated as a niece and awarding equal one-third residue shares.

  • Wills variation
  • Testamentary autonomy
  • Moral duty to children
  • Standing
  • Wills-variation
  • Wesa
Read case analysis
Wills and estates 2024 BCSC 1221

Simmons v. McDougall Estate

Will-variation claim under WESA partly succeeded. The court found the unequal bequest scheme unjustified overall, but accepted some preference for Geoffrey and varied the will accordingly.

  • Will variation
  • Testamentary autonomy
  • Moral duty to children
  • Adequacy of provision under wesa
  • Will-variation
  • Wesa
Read case analysis
Wills and estates 2023 BCSC 1485

Bautista v. Gutkowski Estate

The court varied a mother’s will under WESA s. 60, finding she owed a moral duty to her only son and that estrangement did not justify the original division.

  • Wills variation
  • Testamentary autonomy
  • Moral duty to children
  • Estrangement
  • Probate and administration
  • Wills-variation
Read case analysis
Wills and estates 2016 BCSC 2265

J.R. v. J.D.M.

A will variation claim succeeded where the court found the testator failed to make adequate provision for his daughter after a history of abuse and estrangement.

  • Wills variation act
  • Testamentary autonomy
  • Moral duty to children
  • Estrangement
  • Spousal entitlement
  • Estate valuation
Read case analysis
Wills and estates 2014 BCSC 2398

Hancock v. Hancock

The court varied Gertrude Hancock’s will under the Wills Variation Act, finding inadequate provision for two sons and awarding them $125,000 and $75,000.

  • Will variation
  • Testamentary autonomy
  • Inter vivos gifts
  • Moral duty to children
  • Quantum of relief
  • Will-variation
Read case analysis
Wills and estates 2014 BCSC 1402

Brown v. Pearce Estate

The court dismissed a son’s wills variation claim, finding he had deliberately maintained a 17-year estrangement and failed to disprove the testator’s reasons for a modest bequest.

  • Wills variation act s.2
  • Testamentary autonomy
  • Moral duty to children
  • Estrangement
  • Weight of testator's reasons
  • Wills-variation-act
Read case analysis
Wills and estates 2010 BCSC 1890

Brown v. Ferguson

The court varied a will under British Columbia’s Wills Variation Act, finding the testatrix owed moral duties to two disinherited daughters and awarding each $125,000.

  • Wills variation act
  • Moral duty to children
  • Disinheritance
  • Testamentary freedom
  • Variation of will
  • Wills-variation-act
Read case analysis
Wills and estates 2010 BCCA 13

Graham v. Chalmers

The Court of Appeal upheld a wills variation order, but revised it to express the estate division as percentages: 40% to Janet, 40% to Sandi, and 10% each to the grandchildren.

  • Wills variation act
  • Testamentary autonomy
  • Moral duty to children
  • Distribution of estate
  • Valuation date
  • Wills-variation-act
Read case analysis

About this LexChat collection

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.