What is the current jurisprudence on the proper application of s. 2 of the Wills Variation Act?
British Columbia, Canada
The following excerpt is from Anderson v. Coles, 2016 BCSC 13 (CanLII):
The leading case on the proper application of s. 2 of the Act is Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807, [1994] S.C.J. No. 65. (The provision applied in Tataryn was from the 1979 version of the Wills Variation Act, but the 1996 version is identical except for updating “husband” and “wife” to “spouse”). After reviewing the existing jurisprudence, McLachlin J., for the court, wrote the following:
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