Unfortunately, spouses separate, children do not get along with their parents and vice versa. According to the Wills and Estate Legislation, a will-maker has a legal obligation to provide for their spouse and children “adequately, justly or equitably”.
“Despite any law or enactment to the contrary, if a will-maker dies leaving a will that does not, in the court’s opinion, make adequate provision for the proper maintenance and support of the will-maker’s spouse or children, the court may, in a proceeding by or on behalf of the spouse or children, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the will-maker’s estate for the spouse or children.”
However, sometimes, with valid reasons, the court may recognize a will-maker’s autonomy and will allow the disinheritance of a spouse or child(ren) provided that there is sufficient evidence (including evidence from the Will-maker him/herself) that there are valid and rational reasons for the disinheritance.
This is provided as information ONLY; it should NOT be construed as legal advice. For more information on estate planning/incapacity planning and to discuss your specific circumstances, please contact Vanessa DeDominicis at [email protected] or on 250-869-1140. Vanessa practices in the area of Wills and Estates at Pushor Mitchell LLP in Kelowna and would be more than happy to assist you.
