Mother\u002Dof\u002Dfive wanted to reward two children who were her primary caregivers by having them split her Vancouver house. Read more.
“That was really important to them, that they honour their mother’s wishes,” Whyte said.
He said the decision will affect other similar cases and “I’m told that this decision is of interest in other provinces as well,” he said. For their court challenge, Linda, Faye and Jack relied on B.C.’s Wills, Estates and Succession Act, which says that if a will doesn’t “make adequate provision for the proper maintenance and support of the will-maker’s spouse or children,” the court may order that it be “adequate, just and equitable” for the spouse or children.Article content
The father drove a delivery truck until the family had enough money in the early 1970s to buy a small grocery store and attached home in New Westminster, which the family all worked at without drawing wages, until they sold it in 1981.This advertisement has not loaded yet, but your article continues below.“There is no suggestion of estrangement nor that any of them were less than devoted and loving children.
The lower court judge’s viewed his variance of the will “as striking an appropriate balance between Mrs. Tom’s clear intent to recognize the role of Samsun and Rose, and to meet her moral obligations to her other children,” wrote Fenlon.
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