Tag Archives: Holvenstot will

No variation in the Holvenstot Last Will and Testament

Much has been written in our blogs and in other Estate blogs of  how  the application  of the British Columbia Wills Variation Act can result in changes to  a Will that the deceased thought would distribute his or her assets after death.

In layman’s terms, the situation in British Columbia has sometimes been summarized as  “you can’t disinherit an adult child unless he or she effectively abused or completely cut off  the parent for no good reason.”  While in fact there is a strong element of truth to this observation, the court reality is far more nuanced in that  “abuse” or “cutting off” have to be fully analyzed within the context of a longstanding and complex familial relationships.

The fact is, not every Will can be varied, and disinheritance of a child has always been permitted in British Columbia if the child’s conduct has been so reprehensible so as to justify exclusion.

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