Should wills be subject to the whims of the court?

[JLM]

A guy (reportedly an a&&hole) had his will overturned as he favoured his only son above his four daughters. Isn't there an inherent right for a person (albeit an a&&hole) to do as he likes with his own money within the realm of legality? Personally I think the wise person does any squaring up he feels needs doing while he's still alive and then just leave the kids an equal share- where this is practical.

 

[TenPenny]

It is a long standing tradition that wills can be declared grossly unfair and overturned by the courts. Typically, the key is not to leave any of your children out completely. There is no requirement to be equal, but to leave out some children completely is typically a good way to have the will tossed out.

 

[JLM]

It is a long standing tradition that wills can be declared grossly unfair and overturned by the courts. Typically, the key is not to leave any of your children out completely. There is no requirement to be equal, but to leave out some children completely is typically a good way to have the will tossed out.

Yep, you don't want to come across as being spiteful. But still I think the court should stay out of it. It comes under the category of SH*T HAPPENS. :lol:

 

[Unforgiven]

With family members weaselling in and grabbing bank accounts through power of attorney, any time there is a dispute the court should attempt to administrate the will and settle the estate. People try to swindle their relatives all the time and a substantial estate is a prime target.

 

[Praxius]

http://forums.canadiancontent.net/news/97378-b-c-court-rules-against.html#post1353731