BC Supreme Court Changes Will to Address Gender Bias in Estate Distribution
In a landmark case, the Supreme Court of British Columbia has adjusted a will to rectify gender-based discrimination in the distribution of an estate. The original 2018 will favored the son, giving him over 82% of the estate, while the daughter received only a fraction of that amount—a mere $170,000, which she argued didn’t provide adequate support.
After the testator passed away in February 2021, the daughter filed a lawsuit for a variation of the will under British Columbia’s Wills, Estates and Succession Act (WESA), citing that the unequal distribution stemmed from the mother’s preference for sons, influenced by traditional Chinese values. The court agreed, concluding that the will reflected bias and did not align with contemporary standards of fairness.
In its ruling in Lam v Law Estate, the court awarded the daughter a significant increase in her inheritance, granting her 85% of a rental property valued at East 18th Avenue in Vancouver, while still ensuring the son retained a stake in the estate due to his support for their mother over the years. The ruling emphasizes the need for equitable treatment in estate planning, addressing the substantial disparity in inheritances between the siblings.
THE FULL DECISION CAN BE FOUND HERE:
Lam v Law Estate, 2024 BCSC 1561
Contact lawyer Ronald Kumar at 604-638-3302 for free legal advice, or visit www.willdisputes.ca