Disinherited Daughters: the law again protects daughter in wills’ variation/estate litigation case.
In Lam v Law Estate, 2024 BCSC 1561, a BC woman successfully challenged her mother’s will, which heavily favored her brother, exposing gender bias in the distribution of family assets.
The deceased mother left $2.9 million to her son and only $170,000 to her daughter.
The B.C. Supreme Court found that Yat Hei Law, the mother of Ginny Lam and William Law, left $2.9 million to her son and only $170,000 to her daughter. Justice Maria Morellato ruled the decision was influenced by gender-based preferences. "This bias shaped both the lifetime gifts and the 2018 will," Morellato wrote.
B.C.'s Wills, Estates and Succession Act allows courts to revise wills if they don't adequately provide for children or spouses. Ginny, who contested the will, argued that her mother’s traditional values from 1960s rural China were the root cause. "My mom saw my brother as the 'golden child,' believing sons were superior," she explained.
The will was contested as the mother’s traditional values (from 1960s rural China) were the root cause re how her estate was distributed between children.
After her father’s death, more family assets were passed to her brother, and Ginny recalled numerous instances of favoritism growing up. "My mother always told me my brother would inherit everything," she said.
Her story has resonated with other women who’ve faced similar treatment. "Many have shared how their mothers gave everything to their sons," she said, hoping her experience encourages women to speak out. "You don’t have to accept the hand you’re dealt."
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