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Daughters attack mom's will

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18.06.2019

Last week, I started telling the story of a lawsuit where two of four daughters had attacked their mother’s will.

Each of the two had been left only five per cent of an estate worth more than $2 million.

The daughters ranged in age from 56 to 68. Their mother died at the age of 88.

The court decision, Trudeau v. Turpin Estate, 2019 BCSC 150, was released earlier this year.

Their first line of attack was that Dorothy, the daughter left with the lion’s share of the estate, had exerted “undue influence” on their mother.

They failed miserably on that point.

The court described their mother as having dominated all the relationships she had with her children, including Dorothy. The court went so far as to note that “Anyone who defied her, suffered her wrath.”

But the law allowed them to go further, to attack the very allocations their mother had chosen to make in her will.

Their right to do so came from section 60 of the Wills, Estates and succession Act [SBC 2009], Chapter 13 .

The actual words of that section are as follows:

“…If a will-maker dies leaving a will that does not, in the court's opinion, make adequate provision for the proper maintenance and........

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