SOURCE: Kushner Law

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May 31, 2016 12:00 ET

Vancouver Law Firm Offers Blog on Estrangement and Wills Variation

Vancouver Law Firm Explains How a Separated, Abandoned, or Estranged Child Can Challenge a Will in Recent Article

VANCOUVER, BC--(Marketwired - May 31, 2016) - Kushner Law Group, a law practicing in litigation, has just published an article that explores the topic of estrangement. According to the article, a disinherited child who has been omitted from a will can legally challenge to vary the will. For more information, go to: http://kushnerlaw.ca/estrangement-wills-variation-bc-law/

The Wills Estates and Succession Act ("WESA") provides children of a deceased person with a legal right to sue their estate and vary a will. While estrangement itself is not always sufficient reason for a court to uphold the decision of a testator to disinherit their children, courts will look to the facts of the case to determine the reason for the estrangement.

For example, an estrangement that was the fault of the parent may in fact strengthen the moral claim of the disinherited child. In Brown v. Pearce Estate, 2014 BCSC 1402, the Court made the following comments:

132. In the early development of the case law, a long period of separation, abandonment or estrangement between a child and testator was frequently, though not invariably, taken to militate against finding a moral duty to an adult child. The modern judicial trend indicates that the court will enquire into the role played by the testator in the estrangement or relationship breakdown, and where it is seen to be largely the fault of or at the insistence of a testator, it will likely not negate a testator's moral duty, and may even enhance it. The weight of the authorities also indicates that the court may discern a moral duty as a means of rectifying the testator's childhood neglect of the children.

If you are facing a similar situation, where you have been disinherited from a parent's estate as a result of estrangement, you should consult a lawyer. Contact the Kushner Law Group today at 604-629-0432 to schedule a consultation.

About the Company

The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.

Contact Information

  • Kushner Law Group
    Lars Kushner
    Phone 604-629-0432
    Fax 604-689-4451

    Company website: http://kushnerlaw.ca/
    1008 Beach Ave #105