Updated Will not finalized – Judge confirms Coquitlam woman’s deathbed Will as Valid
A B.C. Supreme Court judge has upheld a revised Will made by Maureen Fleury in 2023, a Coquitlam woman who passed away from cancer, confirming her intentions despite challenges from her common-law spouse, Mark Benson. Fleury made changes to her original 2007 Will while in the hospital in 2023, intending to leave Benson a $50,000 gift, but removing his right to reside in her home after her death. Fleury made these desired changes known to her sister, but before they could be confirmed in writing, Maureen Fleury’s condition worsened and on November 30, 2023 she died. She was not able to formally update her Will stating her updated intentions.
The 2007 Will stated that her common law spouse Benson could rightfully continue to live in her home after she died. Fleury changed her mind while in hospital and updated her Will. She removed the clause allowing Benson to reside in her house after her death. Instead, she changed her Will and said that her son Shawn was designated to inherit her house. Benson challenged his common law spouses Will. Although Benson opposed the validity of the Will changes, claiming the Will wasn’t properly executed, Justice Jan Brongers ruled that credible evidence from Fleury’s sister supported her testamentary intentions. Consequently, the court confirmed the second 2023 Will revision as valid, rendering the 2007 original Will ineffective. Her son was able to inherit the house.
If you have questions about your inheritance or a will dispute, contact lawyer Ronald Kumar at 604-638-3302 for free legal advice, or visit www.willdisputes.ca