Lawson Lundell lawyers, Peter Roberts, QC and Jisoo Vis, TEP, had an article published in Lexpert Magazine on the topic of "Challenging Wills: the rights of disinherited adults to contest their parents' wills in Canada." Throughout the article they analyze a recent case before the Supreme Court of British Columbia that explores the moral obligations of testators to their children, including children who are adults that are not dependent on the testator or the testator's estate.
"Most people sign their wills believing it is the final word on the distribution of their estate. They often overlook the obligation requiring them to consider and make adequate provision for their spouse and children, even where those relationships may be fractured."
They also provide an exploration into what makes British Columbia distinct from other Canadian jurisdictions in wills and estates law, and the circumstances under which a will can be challenged.
Read the full article here.