The BC high net worth Will Variation lawyers at MacLean Estate Litigation warn that estate litigation and unfair will disputes are now more complicated because of changes to our family law and unfair wills legislation. Because family law is applied to determine what a reasonable will provision is to a surviving spouse it would be foolish not to hire one of the best family lawyers to handle your estate litigation and unfair will case. Contact MacLean Estate Litigation immediately if you feel you have been left out or treated unfairly by provisions of a BC Will. Hiring a family lawyer who knows entitlement for spouses upon separation increases the chances of a proper recovery for a surviving spouse upon the death of their partner. Our new family legislation significantly affects the court’s consideration of a minimum legal obligation and the new key elements that should be considered in assessing a will maker’s legal and moral obligation to his/her spouse.
BC High Net Worth Will Variation
Lorne N. MacLean, QC is the founder of MacLean Law’s family and estate dispute litigation team which has offices located across BC in Vancouver, Surrey, Kelowna, Richmond and Fort St John, BC. We also have high net worth will variation offices in Calgary and Winnipeg. When you face a BC High Net Worth Will Variation dispute it pays to hire Vancouver’s top-rated* family law firm to increase the chances of a generous wills variation award. Mr. MacLean has been interviewed on unfair wills in cases involving BC High Net Worth Will Variation.
The leading case on the test from the SCC case of Tataryn, for deciding if a will is unfair is as follows:
The language of the Wills Variation Act is very broad. The court must determine whether the testator has made “adequate provision” for his spouse and children. If it concludes he or she has not, the court “may, in its discretion, … order … the provision that it thinks adequate, just and equitable in the circumstances”.
BC High Net Worth Will Variation Factors Considered
What is adequate provision for proper maintenance and support now depends on:
• interpretation and classification of excluded property,
• gains or losses on this property,
• whether a property is placed in joint names,
• whether there are marriage agreements,
• valuation evidence
• and tax consequences.
• Considerations of significant unfairness on property division when measuring a proper award
• Fraudulent conveyances to impair or defeat a variation claim
As Vancouver’s top-rated* family law firm for multiple years as rated by prestigious Top Choice Awards our estate litigation lawyers are also skilled family lawyers who apply the family law legislation used to determine if a will is fair or not as it relates to provision for surviving spouses.
Our lawyers handle estate litigation cases involving multimillions of dollars. These cases can be handled on a contingency basis meaning our family and estate litigation lawyers get paid when the case settles or the judge makes a decision.
Under the new BC Family Law Act each party keeps what he/she brings into the relationship, but assets jointly acquired during the relationship are shared. Uncertainty exists where excluded property is placed in joint names or accounts such that the couple must share the entire value, not just the growth in value Therefore in an unfair will claim to apply Tataryn principles a deceased Willmaker’s representative may well argue that a will-maker need not account to his/her spouse for assets he had when the relationship started any more than they would if they separated.
What we do not know is that parties will now have to provide evidence regarding the start of relationship values and arguments regarding significant unfairness regarding the division of excluded property.
A recent BC Court of Appeal case of Klaus sets out that an unmarried party must prove they were in a marriage-like relationship for over two years and that they were still within the definition of spouse at the time of death. The case dismissed an alleged husband’s claim on the basis that it was unclear if he ever was a spouse but in any event, he was no longer a spouse on the death of his partner as he had been separated for several years. Proving or disproving unmarried couples qualifying as spouses is a crucial part of many estate cases and something the top-rated* BC High Net Worth Will Variation Lawyers at MacLean Law do routinely.
The court also noted that since the deceased had taken on liability for what could be called family debt there was no inadequate provision for the man in any event.
http://www.courts.gov.bc.ca/jdb-txt/ca/16/03/2016BCCA0380.htm
If you have a BC High Net Worth Will Variation dispute call us immediately toll-free at 1-877-602-9900 as strict deadlines apply. It is sad enough that you’ve lost your partner, don’t let this loss also leave you financially disadvantaged.
Call our founder of our BC High Net Worth Will Variation team, Lorne N MacLean, Q.C today. We have offices in Vancouver, Calgary, Kelowna, Fort St. John, Surrey, and Richmond.
You can also call us toll-free at 1 877 602 9900.
