Disinheriting family members can be tough to do
Many Canadians would be surprised to learn they don’t always have the last word when it comes to decisions about who inherits their money. 
In certain circumstances, lawyers report, the courts are becoming more sympathetic to the rights of estranged family members who’ve been cut out of a will.
Essentially, they’re saying that you can’t, for instance, simply cut one of your kids out of your estate plan unless you have a really good reason.
And, in some instances, an inequitable distribution of assets can be a problem as well.
In many cultures, for instance, it’s considered acceptable to leave the bulk of an estate to male children. That’s why, while one father loved his son and duaghter equally, he left all of his assets to his son. Is this legal?
Certainly, explains Toronto lawyer Charles B. Wagner, on his Canadianestatelawblog. But it all depends on where you live.
The legality of a father’s will may depend on which province’s law applies. In British Columbia, there’s a very good chance that Samantha would succeed and the Court would order the estate be split equally.
If Ontario law applied and there were no other legal issues raised concerning the validity of the will then Samantha would have a less likely chance to win, Wagner suggests.
Have you been disinherited? Did you fight back? Were you successful in your challenge?
By Gordon Powers, MSN Money
Posted by: my turn | Jan 24, 2022 5:24:44 PM
In a Supreme Court of Canada decision, a wife of 43 years was not adequately provided for in the deceased's will. One son was provided for generously and another son was disinherited.
The Court found that it should search for "contemporary justice". It held that a testator has a legal obligation to provide for his or her spouse, and only a moral obligation to provide for adult children. Legal obligations take priority over moral obligations. If there are sufficient assets, then both legal and moral obligations should be met.
The Courts acknowledge that a testator should be free to dispose of his or her assets as he or she sees fit, but the Court will interfere to vary a will where it is appropriate.
In Tataryn the Court held that as a minimum, the widow should get what she would have received had the parties separated, as well as some extra monies in the form of maintenance for her twilight years.
Posted by: SP | Jan 24, 2022 10:19:22 PM
Perhaps the best solution for everyone in every country would be a 100% death tax. That way the person would have to either give it away before death or forfeit it to the government in taxes. This would prevent both exploitation of children and the passage of vast sums of wealth to only male children through inheritence. No excuse then by parents or children as both would know that there would be nothing when the time comes. Gosh... imagine letting people know how you feel about them BEFORE you die.
Posted by: Trixie | Jan 25, 2022 8:12:10 AM
I agree with Kanuck. I also especially agree with SP. If you decide to hate your children, let them know before you die, so that they can leave you alone and go and live their own life and the people you will actually leave your inheritance to can take care of you 24/7. I"m all for 100% death tax.
Posted by: Maggie | Jan 25, 2022 9:31:38 AM
As much as it would leave a bitter taste in my mouth if I where disinherited, I must agree that it's not mine nor the Governments place to choose. I will provide equaly for both my children because I love them and want the best for them. Life is hard enough. Last thing I would want is for more hardship on their behalf. It's a matter of choice is all it boiles down to. Do you have your children's best interest at heart?
Posted by: Kim | Jan 25, 2022 1:40:15 PM
The decision as to what you do with your estate should have nothing to do with the court system. Your wealth is a result of your own hard work and as such, absolutely your choice as to what to do with it. The court system here in Canada is way out of control and it is time we the public start to demand a change!
Posted by: Roger | Jan 25, 2022 7:10:29 PM
@Jeff Blades
Echoing 2000% what you said !!!
The 'manipulation' aspect of inheritence destroys families. With a huge proportion of unprepared boomers closing in on retirement, expect a flood of very sad stories and opportunistic behavior by unethical siblings.
Me, myself and I and the hell with the rest ..... Cash is king ;)
Posted by: don | Jan 26, 2022 6:18:45 PM
If one decides to contest a will they had better be prepared to give a lot of money to the lawyers.
The only way this is worthwhile is if there is a lot of money involved. For the regular joe, by the time it is done everything would have gone to the lawyers. You can always do what my parents are doing. All the money will be gone before they pass. All they kept was what they thought they would require to live out their days, the rest they have given away.
Posted by: Ellen | Jan 28, 2022 2:42:51 PM
What does voting Liberal have to do with it?
Posted by: karen jensen | Jun 16, 2021 12:55:27 PM
my father sat me downfor the will talk,twice both times i was terribly uncomfortable.he remarried and my stepmother went to great effort to keep us away,throw away personal family items ,and move to a distant location when he became incapacitated.he provided for her for life and after his passing we the dissinherited daughters got to pick uphis cremated remains in a cardboard box.i was shocked no suit just pjs and a sens blanket,that sounds like a pets sendoff .not for the man who gave this woman complete control.i am left heartbroken and questioning my relationship i had with my father.im not saying i deserve something i didnt earn however it is a painful experience
Posted by: disgusted | Jan 29, 2022 7:27:16 PM
sure its your money, sure you can distribute it how you like.....but what about the consequences? Do you really want to be hated when you die or do you want to be the cause of family members not speaking to one another for the rest of their lives? Why not take the "high road" and treat all family members equally? In many countries (such as France, Germany etc) they have "forced heirship" and you simply cannot throw a person out of your will "just because" Yes, I have a child that doesn't deserve anything in my eyes, but I want to be remembered as someone who tried my best to be fair in the end, I don't want to be remembered as someone who favored one child over the other. If a child has done you wrong then why not let GOD decide if that child should be punished for their deeds?