B.C. Court Reverses Will Favoring Two Daughters Over Another
A British Columbia court has overturned a will that favored two daughters, Ina and Sophia Cheong with equal shares of their father’s estate. The father’s will only provided $17,500 to their older sister/other daughter, Celina Kan. The court ruled that the will lacked sufficient justification for such unequal treatment, emphasizing that will-makers must provide strong reasons for disinheriting children.
Tat Kuan Cheong (father), who passed away in 2021, had raised Kan separately from her sisters. While Kan lived a privileged life with her aunt and uncle in Hong Kong, her sisters experienced a much harsher upbringing. After Kan learned of her father’s will, she sought an equal division of the $683,000 estate. The court found credible witnesses, except for Ina Cheong, who displayed animosity toward Kan.
Justice Lisa Warren highlighted that, despite Kan’s strained relationship with her father Tat Kuan, he failed to adequately consider his moral obligations to her. The ruling reflects current community standards regarding inheritance, reinforcing that all adult children should share equally in their parent’s estate unless compelling reasons are provided otherwise. The judge ultimately agreed with Kan’s claim, stating that her emotional suffering and the complications surrounding her upbringing justified her entitlement to a larger share of the estate.
THE FULL DECISION CAN BE FOUND HERE:
Kan v. Cheong, 2024 BCSC 1633
https://www.bccourts.ca/jdb-txt/sc/24/16/2024BCSC1633cor1.htm
Contact lawyer Ronald Kumar at 604-638-3302 for free legal advice, or visit www.willdisputes.ca