SOURCE: Kushner Law

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December 10, 2015 19:37 ET

Vancouver Lawyers Kushner Law Address Equity and Fairness in Will Making

Vancouver Lawyers Kushner Law Firm Explains How BC Courts Can Vary a Will for Adult Children

VANCOUVER, BC--(Marketwired - December 10, 2015) - Kushner Law Group, a firm of Vancouver Lawyers, have released an online article on the sensitive topic of contested wills. For more information, go to: http://kushnerlaw.ca/moral-duties-bc-court-vary-will-adult-children-equality-fairness/

The article explores when it is appropriate for a court to vary the will of a deceased in order to make a different provision for a spouse or adult. While it has been established by BC Courts (and the Supreme Court of Canada) that adult independent children are not owed a legal duty, they may be owed a moral duty by a deceased parent.

The Supreme Court of British Columbia recently discussed some of the considerations that a Judge can review when assessing whether there is a moral duty owed. In BH v. JH, 2015 BCSC 1551, the Court cited Madam Justice Ballance in Dunsdon v. Dunsdon, 2012 BCSC 1274 (CanLII) and outlined multiple considerations including:

  • relationship between the testator and claimant, including abandonment, neglect and estrangement by one or the other;
  • size of the estate;
  • contributions by the claimant;
  • reasonably held expectations of the claimant;
  • testator's reasons for disinheriting;
  • and financial need and other personal circumstances, including disability, of the claimant

None of the points mentioned above will individually determine a case. If contesting a will is an option that's being considered, it's important to work with a litigation lawyer to define and flesh the circumstances surrounding an individual case.

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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 law firm at a more 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 at 604-259-2288 ext. 806.

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