Can Estranged Children Contest A Will?

In the 2010 case of LeVierge v. Whieldon, the BC Supreme Court examined the rights of a parent to exclude estranged children from their will under the Wills, Estates, and Succession Act (WESA). In this article, we’ll summarize the rights of estranged children to contest a parent’s will in British Columbia.

Facts of the Case

In British Columbia, Courts can intervene and vary a will which disinherits a child or spouse for unjust reasons.

The plaintiff, LeVierge, was one of Edith Whieldon (the deceased)’s three children. Edith passed away unexpectedly and at the time of her death had an estate valued at approximately $1.2 million. In her will, Edith left the residue of her estate to her two sons, and excluded her daughter from receiving any inheritance. LeVierge said she had been estranged from Edith for two years before her death, and that alone was the reason for her exclusion from the estate and that she contested the will on the grounds that she had a moral claim to an inheritance from her mother’s estate.

In considering the claim, the Court considered whether the reasons for LeVierge’s exclusion were ‘valid and rational’ to allow disinheritance under WESA.

Evidence Considered

When a WESA claim is made, the court will consider the broad context of the family’s relationships. In this case, the court considered oral evidence from the plaintiff and her siblings about the her relationship with Edith. Interestingly, part of the evidence considered by the court was the decedent’s diary. Edith’s diary provided specific insight into the breakdown of the mother-daughter relationship. 

As a result of the diary evidence, the Court found that LeVierge was not a credible witness. LeVierge claimed she had been estranged from her mother for two years leading up to her death. However, the diary demonstrated that the estrangement had begun 10 years prior. The diary supported the estate’s position that there was a high conflict mother-daughter relationship. The diary suggested that the plaintiff denied Edith visitation with her grandchildren and didn’t keep in contact with her. As a result the court dismissed the plaintiff’s arguments for a moral claim to inheritance. 

Further, evidence showed LeVierge had previously received a gift of $160,000 from her father. She used it for a deposit on a new home. The the mortgage payments were paid by her father, and LeVierge lived there with her children at little cost. As a result of this gift, at the time the plaintiff’s father passed, the plaintiff’s siblings were unable to benefit from his estate.

The Court’s Decision

After considering evidence from the claimant, her siblings and the diary of her mother, the judge found that there were many reasons for the claimant’s exclusion from the will, and that the exclusion was reasonable and was not just the result of the estrangement from Edith in the two year’s before her death. A critical part of the reason the court found the plaintiff’s exclusion to be reasonable and just was because the plaintiff’s father had contributed a large sum of his estate to the purchase of a new home. As a result, the plaintiff’s siblings received no benefit from their father’s estate upon his death.

This case demonstrates the complex evidence that a Court will consider when a claim to vary an estate is made. It also demonstrates that estate disputes can be high-conflict, and complex in nature and that an estate variation claim that is litigated can take years to resolve. A disputed estate delays estate administration with the distribution of inheritance delayed until the dispute is resolved. Will writers should always carefully plan their estate to minimize risk of estate litigation after their death. One of the best ways to avoid estate litigation is to speak openly with the beneficiaries and family to ensure there are no surprises upon death and that the reasons for the decisions made are well known. 

Don’t know where to start with your estate plan? Contact an experienced estate lawyer today. We’ll create a unique plan suited to you and your family’s circumstances. Alternatively, feel you’ve been unfairly treated in an estate? Contact an experienced estate dispute lawyer today

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.