A picture of estrangement, and life’s inconsistencies

No doubt many children are estranged from their parent(s), and sometimes the fault lies with the parent(s). Some such stories have found their way into B.C. Wills Variation law. The latest case in this vein is McMain v. LeBlanc and others.

Reasons were released earlier this year. Here, the deceased’s only child (who was disinherited after the deceased died in 2011) challenged his cousin, sole beneficiary under the Will.

The Plaintiff’s mother in 1969 left the deceased. The deceased, after a failed custody dispute, left England for Canada. Try as he might, the Plaintiff was unable to establish a relationship with his father, although they did occasionally meet over the years (and they were always cordial). And yet, the Testator‘s niece described him as “warm hearted” and a “family man.”

The Court saw the terrible inconsistency, stating in its reasons that with his son, the Testator “came up short.” The Plaintiff established a strong moral claim to a variation of the Will, and was awarded about a 55% share of the Estate.

This ad appeared in the Richmond News on May 24, 2013.