[Maltese]

Whether you do it yourself or use a lawyer, be sure to do your own research on your own particular circumstances.

My mother had a lawyer draw up a simple one page Will which was supposed to leave the estate equally divided between my brother and myself.

After mum died, another son who she had given up at birth and who I didn't know existed and who wasn't mentioned in the will, appeared and is claiming 1/3 of the estate.

Some lawyers chase ambulances but others chase hearses especially in BC with its (the courts know best) Wills Variation Act. Most ambulance riders would be able to represent themselves in court. The same cannot be said for those riding in the back of a hearse.

Do your research!

I find your story interesting and will do some research on the Wills Variation Act in BC. Do you know how your mother could have worded her will differently to avoid this situation?

What a headache for you and your sibling to go through. It's bad enough losing a loved one without having to go to court afterwards.

 

[Maltese]

I found the post on the BC Wills Variation Act interesting so did a search to learn more. I found a legal blog that has a series of articles on the topic. The blog can be found at:

http://rulelaw.blogspot.com/2005/09/wills-variation-act-who-may-apply.html

Below is what it says about the topic as it relates to Belize's post:

“Child” and “Children” are not defined in the Wills Variation Act, but includes a natural child, whether the child is born inside or outside of marriage, and an adopted child.

Neither a natural child of the deceased who has been adopted out to other parents, nor a stepchild has any claim under the Wills Variation Act. Even a minor stepchild who was dependant on the deceased cannot apply for a share of the estate under the Wills Variation Act. The British Columbia Supreme Court held that the exclusion of step children from the Wills Variation Act does not offend the equality provisions of the Canadian Charter of Rights and Freedoms in McCrea v. Barrett, 2004 BCSC 208.

Belize, is there a court date set for your case or is it still in the preliminary stage? I'm very interested in learning more if you are willing to share.