Tag Archives: Holvenstot v Holvenstot

Court Allows Disinheritance of Child for “Valid Reasons”

The British Columbia Wills Variation Act (“WVA”) permits the Court, in certain cases, to vary the terms of a will in order to make adequate provision for the proper maintenance and support of a spouse or child. This type of action can be initiated by children of all ages as the courts have determined that a parent may have a legal or moral obligation to provide for their adult independent child. A legal obligation will generally not arise unless the child contributed to the estate in some way. A moral obligation may be negated by the existence of the deceased parent’s reasons for disinheriting their child, if those reasons are valid and rational.

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