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Wills Variation Claims Involving Independent Adult Children

By Kornfeld LLP (posts)

Claims by and involving adult children since Canada’s landmark wills variation decision in Tataryn v. Tataryn Estate, [1994] 2 S.C.R, 807; [1994] S.C.J. No. 65 fall into two main categories, each carrying with it its own particularities. I have classified these for convenience as follows:

  • Claims by and involving adult children since Canada’s landmark wills variation decision in Tataryn v. Tataryn Estate, [1994] 2 S.C.R, 807; [1994] S.C.J. No. 65 fall into two main categories, each carrying with it its own particularities. I have classified these for convenience as follows:
  • Claims in which the adult children’s primary opponent is the testator’s spouse1. The vast majority of these cases are “blended family” disputes, in which the deceased had one or more children (biological or adopted) prior to entering the relationship she was in at death.

Claims in which the adult children’s dispute is amongst each other.

Of course, some cases involve both scenarios, but they are relatively rare and, for the sake of analysis, I have segregated the scenarios in this paper as set out above.

I will review first the main principles in Tataryn and then consider how they have been applied to each of the foregoing categories of wills variation claims.

For a full copy of the article, click here.

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