Moral Obligations - Some Further Exploration
The British Columbia Supreme Court in Laing v. Jarvis 2011 BCSC 1082, recently spoke of the issues surrounding the moral obligations of a Deceased.
This matter was brought before the courts by the plaintiff, Ms. Laing, the daughter of the Deceased. The Deceased had passed away on June 3, 2007 and was survived by her son, Mr. Jarvis, the defendant, and Ms. Laing. The Deceased left a Last Will and Testament dated December 10, 2003, which named her son as the sole beneficiary and Estate Trustee. Ms. Laing was completely disinherited.
Ms. Laing sough a variation of the Will under the Wills Variation Act, RSBC 1996, c. 490, s. 2, which section provides the British Columbia courts with the jurisdiction to amend a will, where it is determined that the Deceased made inadequate provision for the maintenance and support of her children or spouse under her Will.
As Mr. Jarvis did not take steps to obtain Probate, the Province was appointed as the official administrator with a Will annexed on June 8, 2010. This matter appeared before the court with little documentary evidence, and without the benefit of Mr. Jarvis’ presence. Upon a thorough review of the family history, the Court determined that the two children of the Deceased ought to be treated equally. However, the Court went further and commented on Mr. Jarvis’ actions and lack of involvement in the administration of the Estate, and made an order that the costs incurred as a result of his inaction ought to be borne by him personally and not by the Estate. This matter is to be brought back before the Court for a determination as to the final disposition of the assets of the Estate, once they have been fully identified.
Although Ontario does not have legislation in the exact same vein as the Wills Variation Act, we are certainly seeing the Courts give more credence to the ‘moral obligation’ consideration.
Thanks for reading,
Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.
