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Saturday, December 19, 2015

How the BC court dealt with legal and moral obligations of a parent

We hear a lot about contesting wills these days, especially in cases where parents leave more of the estate to one child than to the others. This is of particular interest in British Columbia, where their law allows adult children to challenge a parent's will on moral grounds.

I recently read an article by Mark Slay that gives the best explanation I've seen as to how the court deals with the legal and moral obligations of the parent when the will is contested. Mr. Slay's article, discusses the case of McBride v. Voth. In that case, a daughter who had lived with her parents all her life and who had provided care and companionship to them was left a greater share of the parents' estate. The other siblings didn't like that, and contested the will.In the end, the court changed the parents' will, but not completely. The stay-at-home daughter still got a larger share of the estate, but not quite what the parents had stated.

Click here to read Mr. Slays article, and his brief analysis of why the court made this decision. Click here if you want to read the whole case.

1 comment:

  1. My father passed away back in 2005 . He left a will of which my sister came that day and took it . I am not sure if she used his will or said he died without . His estate was probated in 2006 and I paid a lawyer $45,000. To help me deal with what she had done . In 2010 she sent my lawyer a cheques for my portion of the estate and said that I do not get anything unless I sign the cheque and that is the only thing I will get as a reference as to what was done with our dads estate . To this day I have not gotten any accounting to his estate what so ever . My lawyer has done some things that don't add up as well . I recently contacted the Supreme Court that she went to with his estate and was told I need to fill out forms to have it released to me . What can I do with all this mess . I have all the documents and stuff that they put me through during all the time the spent on this but apparently this had already been done in 2006 not 2010. Please help me . What a mess . I need answers. Arlene

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