Baker Newby Black & White Logo
  • Our Firm
    • Our Team
    • What’s New
    • Our Community
  • Business Services
    • Agriculture
    • Business Financing
    • Business Structures
    • Purchases, Sales and Other Commercial Transactions
    • Commercial Dispute Resolution
    • Construction Law
    • Contracts and Other Legal Documents
    • Employment Law
    • Land Transactions
    • Indigenous Law
    • Privacy Law
    • Succession Planning
  • Dispute Resolution
    • Negotiation Services
    • Mediation Services
    • Arbitration Services
    • Litigation Strategy
    • Parenting Coordinator
  • Personal Services
    • Family Law
    • Estate and Wealth Preservation Law
    • Real Estate Law
    • Employment Law
    • Estate Litigation
    • Criminal Defence Law
    • Personal Injury Law
    • Privacy Law
    • Insurance Law
    • Disability Insurance
    • Slip and Fall
  • Blog
  • Mediators
  • Career Opportunities
Menu
  • Our Firm
    • Our Team
    • What’s New
    • Our Community
  • Business Services
    • Agriculture
    • Business Financing
    • Business Structures
    • Purchases, Sales and Other Commercial Transactions
    • Commercial Dispute Resolution
    • Construction Law
    • Contracts and Other Legal Documents
    • Employment Law
    • Land Transactions
    • Indigenous Law
    • Privacy Law
    • Succession Planning
  • Dispute Resolution
    • Negotiation Services
    • Mediation Services
    • Arbitration Services
    • Litigation Strategy
    • Parenting Coordinator
  • Personal Services
    • Family Law
    • Estate and Wealth Preservation Law
    • Real Estate Law
    • Employment Law
    • Estate Litigation
    • Criminal Defence Law
    • Personal Injury Law
    • Privacy Law
    • Insurance Law
    • Disability Insurance
    • Slip and Fall
  • Blog
  • Mediators
  • Career Opportunities
Contact Us

Chilliwack Office
P.O. Box 390, 9259 Main Street, Chilliwack, BC V2P 6K2
(604) 792-1376 

Abbotsford Office
200 – 2955 Gladwin Rd,
Abbotsford BC V2T 5T4
(604) 852-3646

©2020 Baker Newby
Full-Service Lawyers.
All rights reserved.

Baker Newby Black & White Logo
  • Our Firm
    • Our Team
    • What’s New
    • Our Community
  • Business Services
    • Agriculture
    • Business Financing
    • Business Structures
    • Purchases, Sales and Other Commercial Transactions
    • Commercial Dispute Resolution
    • Construction Law
    • Contracts and Other Legal Documents
    • Employment Law
    • Land Transactions
    • Indigenous Law
    • Privacy Law
    • Succession Planning
  • Dispute Resolution
    • Negotiation Services
    • Mediation Services
    • Arbitration Services
    • Litigation Strategy
    • Parenting Coordinator
  • Personal Services
    • Family Law
    • Estate and Wealth Preservation Law
    • Real Estate Law
    • Employment Law
    • Estate Litigation
    • Criminal Defence Law
    • Personal Injury Law
    • Privacy Law
    • Insurance Law
    • Disability Insurance
    • Slip and Fall
  • Blog
  • Mediators
  • Career Opportunities
Menu
  • Our Firm
    • Our Team
    • What’s New
    • Our Community
  • Business Services
    • Agriculture
    • Business Financing
    • Business Structures
    • Purchases, Sales and Other Commercial Transactions
    • Commercial Dispute Resolution
    • Construction Law
    • Contracts and Other Legal Documents
    • Employment Law
    • Land Transactions
    • Indigenous Law
    • Privacy Law
    • Succession Planning
  • Dispute Resolution
    • Negotiation Services
    • Mediation Services
    • Arbitration Services
    • Litigation Strategy
    • Parenting Coordinator
  • Personal Services
    • Family Law
    • Estate and Wealth Preservation Law
    • Real Estate Law
    • Employment Law
    • Estate Litigation
    • Criminal Defence Law
    • Personal Injury Law
    • Privacy Law
    • Insurance Law
    • Disability Insurance
    • Slip and Fall
  • Blog
  • Mediators
  • Career Opportunities

Court Varies Will and Awards 5.5 Million

Estate Litigation
August 9, 2013
Loading...

A will payout after being varied by a court

The British Columbia Supreme Court has released reasons in the case of Wilson v. Lougheed Estate. This was an action by Kelly Wilson for an order varying her mother Norma’s will in her favour pursuant to the Wills Variation Act. The executor of the will was Kelly’s adoptive father William Lougheed, and he made a counterclaim on behalf of the Estate against Kelly for unpaid loans made during Norma’s lifetime. The net worth of the estate was nearly $26 million.

Kelly was Norma’s daughter from an earlier marriage that had ended in divorce. All of the family wealth came from William, who had later married Norma and formally adopted Kelly.  Since then, Kelly enjoyed the benefits of William’s wealth. She was given vehicles, the use of apartments, her own horse, and was able to attend a foreign finishing school in Switzerland. Despite the above, William and Kelly never got along well.

When Norma died, Kelly was left only a minor share in her mother’s multi-million dollar estate. While initially Kelly was to inherit four valuable properties and a number of boats, these items had been sold and were taken out of the will on the day before Norma died. The rest of the estate was left to William. At the time of Norma’s death, Kelly was in financial trouble due to a failed business venture. She applied to vary the will and claimed that her mother had breached her moral duty and had failed to make adequate testamentary provision for her.

The Court allowed the variation and ordered that Kelly receive a specific legacy of $5.5 million, less $800,000 in property loans she had received. Norma had breached her moral duty by not giving more to her daughter and the standard of a contemporary judicious parent had not been met. At the time of her death, she knew Kelly was facing serious financial trouble.  In addition, she would have known that after 20 years as a stay-at-home mother, Kelly lacked the education, training and experience to enter the work force, and that Kelly was relying on her to pay  the  education  costs of Kelly’s children.  Furthermore, Norma would have known that William had a significant net worth of his own, more than sufficient to allow him to maintain his standard of living for the rest of his life, and that he had no intention to give anything to Kelly in his will.

Kelly was a dutiful daughter who enhanced her mother’s life and well-being. There was nothing in her character or conduct that diminished Norma’s moral duty to her. The fact that Kelly received gifts and advantages during her lifetime did not overtake or extinguish her obligation. Given the circumstances, it was incumbent on the Court to exercise its discretion to vary the will to the extent required to provide justice to Kelly.

Related Posts

New British Columbia Societies Act

In the spring of 2015, the new Societies Act (British Columbia) (the “New Act”) was passed which will replace the

Read More »
October 17, 2016

Multiple Wills – Benefits, Risks and Uncertainties by Jordan Forsyth

Before the Wills, Estates and Succession Act (British Columbia) (“WESA”) came into force in March 2014, any executor applying for

Read More »
October 17, 2016

Death, Taxes, and the IRS

Benjamin Franklin once observed that “in this world, nothing is certain except death and taxes”, but recent developments with the

Read More »
October 11, 2016
Baker Newby Black & White Logo

Get our newsletter delivered to your inbox.

How Can We Help You?

Get Connected

Facebook Twitter Youtube Linkedin-in Instagram
Contact Us
Search
Close

© 2022 Baker Newby Full-Service Lawyers. All rights reserved. 

Privacy Policy | Designed by Jelly Digital Marketing & PR