The Supreme Court of British Columbia has partially granted the request of two siblings to vary their late mother’s will, which left the bulk of her $2 million estate to their brother. The decision, issued by The Honourable Mr. Justice Milman, underscores the court’s role in ensuring fair distribution of estates under the Wills, Estates and Succession Act (WESA).
Background of the Case
The case, Simmons v. McDougall Estate, revolved around the will of Armida Spada McDougall, who passed away on January 26, 2022. Her will, dated August 21, 2018, bequeathed $200,000 each to her daughters, Johanna Lucienne Simmons and Jennifer Ann McDougall, with smaller sums allocated to two close friends. The remainder of the estate, including three condominiums in downtown Vancouver, was left to her son, Donald Geoffrey McDougall, who also served as the executor.
Johanna and Jennifer argued that the will failed to provide adequately for them and sought an equal distribution of the estate.
“A judicious parent would have recognized her own role in bringing about and then failing to heal the rifts that arose over the years between parent and child,” Justice Milman said in his decision. “The lopsided distribution in the Will falls outside the range of options that a judicious parent would have selected in the circumstances.”
The court’s review of the case revealed a complex family dynamic. Armida had a close relationship with Geoffrey, who provided her with significant emotional and practical support. In contrast, her relationships with Johanna and Jennifer were marked by prolonged periods of estrangement and conflict.
Justice Milman noted that while the will did not completely disinherit Johanna and Jennifer, the unequal distribution appeared excessively punitive. He highlighted various incidents that led to the estrangement, indicating that Armida’s decisions were influenced by personal grievances rather than balanced judgement.
Court Decision
The court ordered that the will be varied to allocate 50% of the estate to Geoffrey and 25% each to Johanna and Jennifer, after paying the cash gifts to the other beneficiaries. This adjustment reflects a more equitable distribution that considers the complexities of the family relationships.
“This decision underscores the need for a fair and rational approach to estate planning that aligns with contemporary societal standards,” Justice Milman concluded.
The ruling in Simmons v. McDougall Estate serves as a reminder of the court’s ability to intervene when a will’s provisions are deemed inadequate or unjust, ensuring that the distribution of an estate is fair and reasonable.
For further insights into estate litigation and legal support, contact us today.