Do you have to split your estate evenly between your children? Aug 24th

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A will is intended to outline your final wishes. But, sometimes an estate can be contested, and the courts can overturn the terms of a will and distribute the assets differently. 

A good example is that of Pascuzzi v. Pascuzzi, a case recently heard by the Supreme Court of British Columbia. Its June 2022 decision found that the will of a father did not provide sufficiently for his 32-year-old daughter. 

Her parents’ relationship was brief, and it ended before she was born. Her father wrote his will when she was only nine years old, more than 20 years before he died. At that time, the will included a life insurance trust that would pay $450 of child support per month until she turned 19; his estate was left to his wife. The court decision ultimately awarded 30% of the $1.8-million estate to the daughter, based on an attempt to balance her entitlement with that of her stepmother. 

British Columbia’s Wills Variation Act and other Canadian estate laws

The BC Wills Variation Act and other similar estate laws—such as those in Alberta, Nova Scotia and Newfoundland and Labrador—have led to many wills being overturned, much like in the recent Pascuzzi case…

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