Capacity, Wills Variation, Undue Influence, Unjust Enrichment (Part 1 of 2)

Earlier this week, extensive reasons for judgement were released in the case called Wiseman v. Perrey and others.

This Supreme Court of B.C. case involved a mother who passed away in 2008, survived by her husband of 37 years and two sons (from a prior marriage). In the year before she died, she expressed the desire to benefit her two sons, but not her husband. She transferred most of her assets to her sons.

The deceased also gave one of her sons Power of Attorney, which angered her husband. She owned a variety of assets including land, an RRIF, bank accounts and investments, although the total value of the assets was not overly large.

The husband challenged the Will that his wife had executed, the transfer of the assets (to the sons of the deceased), and everything else. If the Will was valid, he sought variation. I expect this case will be good authority in this area of law.

Next week, the decision.

This ad appeared in the Richmond News on December 7, 2012.