Month: October 2020

Tomlyn v. Kennedy, 2008 BCSC 331

In many cases, more than one person may have a claim to vary a deceased person’s will. In that situation, it is important that all claims be heard together so that the Court can assess all claims at once.The first person to file a lawsuit seeking to vary a deceased person’s will is required to […]

Levesque Estate (Re), 2019 BCSC 927

In Levesque Estate (Re), 2019 BCSC 927, the BC Supreme Court considered an application by executors to determine whether an alteration to a will was legally effective.Upon opening the sealed envelope containing Beverly Levesque’s last will, her daughter discovered that a beneficiary’s name had been obscured using whiteout. In holding the document under a light, […]

Klotz v. Funk, 2019 BCSC 817

The decision of Klotz v. Funk, 2019 BCSC 817 looks at the factors the Court will consider when deciding whether to vary a will in favour of a spouse.In this case, Herbert Klotz sought to vary the will of his spouse, Lorraine Klotz. Mrs. Klotz’s will gave Mr. Klotz a life estate in her interest […]

Scurek v. Scurek, 2020 BCSC 450

The recent wills variation case of Scurek v. Scurek, 2020 BCSC 450 considers whether a testator can discharge his moral obligations to his adult daughter by benefitting her children at her expense.In Scurek, the testator, Joseph, died leaving a will that divided his estate unequally among his son, daughter, and her two sons. The son, […]