Vic’s Law Blog

CANADA LAW NEWS

Law is perpetually evolving. Lawyers must too.

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Disinherited Daughters: the law again protects daughter in wills’ variation/estate litigation case.

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," the judge wrote.

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Is Varying a Will (aka Wills & Estate Litigation) Constitutional? The Court of Appeal Unanimously states, Yes.

Appeal allowed and the Notice of Contention dismissed.

The application judge erred in finding that testator’s liberty interests were engaged by the provisions of the TFMA. The Lawens, as public interest litigants, did not put any evidence before the application judge which would have allowed him to determine that the liberty interests were engaged and, alternatively, even if they were engaged, whether they were in accordance with the fundamental principles of justice.

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