Award winning Vancouver Unfair Wills Spousal Dispute lawyers at MacLean law know people are already in shock when their spouse dies but it just becomes even more upsetting when their spouse has left them out of their Will. A Vancouver Unfair Wills Spousal Dispute involves assessing properly whether the deceased spouse met their legal and moral obligation to the surviving spouse. While a testator has autonomy to decide how their estate gets divided on their death this autonomy is not absolute.
Call our Vancouver Unfair Wills Spousal Dispute lawyers across BC toll free at 1-877-602-9900.
Our Vancouver Unfair Wills Spousal Dispute Act out of 5 conveniently located offices across BC in Vancouver, Richmond, Kelowna, Surrey and Fort St John, BC as well as in downtown Calgary, Alberta.
Award-Winning Vancouver Unfair Wills Spousal Dispute Lawyers
A major factor in assessing whether a Will is fair is to analyze what a spouse would have received if the parties divorce under the BC family law property division legislation. Changes to our family law legislation with the new scheme under our BC FamilyLaw Act mean the court has to look at family property versus excluded property and assess gains in value on the excluded property. Some cases before the courts to this day still apply our former Family Relations Act.
MacLean Family Law and Estate Litigation lawyers have been awarded “Best Family Law Firm in Vancouver” for the last 3 out of the 4 years. Since spousal estate claims depend on an intimate knowledge of your rights under the family law property division rules it really pays to hire a lawyer who knows both family law and estate litigation.
Vancouver Unfair Wills Spousal Dispute Lawyers Explain Law For Spousal Claims
For a recent case where the court assessed the law of the duty to make adequate provision for a spouse see the 2016 case of Madam Justice Dardi of JR v JDM.
The leading authority on wills variation is Tataryn v. Tataryn Estate, [1994] 2 S.C.R. 807.
Under our new WESA legislation estate waivers in separation agreements no longer need to be challenged because former spouses cannot apply to vary a Will. However, property agreements made before relationship breakdown (marriage or cohabitation agreements) will continue to be relevant to the assessment of the legal and moral obligation in those cases where a spouse challenges the will of a spouse who died while the marriage was still intact.
As analyzed and set out in Tataryn, the court will assess whether the will-maker has met the will-maker’s legal and moral obligations to the surviving spouse. If not, the will can be varied. The legal obligations are measured by reference to the obligations the law would have imposed on the will-maker under the relevant provincial matrimonial statute which is now the Family Law Act in BC, the Divorce Act, and the law of unjust enrichment had the will-maker and spouse separated before the will-maker’s death.
Under our new BC Family Law Act, family property is property parties acquired together during their relationship which is shared equally. However, other types of property that were brought by one party into the marriage or received solely as a gift or inheritance have their starting value excluded from sharing BUT any gain in value on these types of property is presumptively shared equally.
Our Vancouver Unfair Wills Spousal Dispute lawyers are ready to help you move forward to obtain a fair share of your deceased spouse’s estate. We will deal with you with compassion and help you obtain the justice you deserve.
