How has the court considered the inter vivos dispositions and assets passed to the claimant as a result of a right of survivorship?
British Columbia, Canada
The following excerpt is from Kolic v Kolic, 2019 BCSC 1463 (CanLII):
In DeLeeuw v. DeLeeuw, 2003 BCSC 1472, Masuhara J. did consider the assets transferred to the claimant, the surviving spouse, before the testator's death, in determining whether he made adequate provision for her proper maintenance and support (at paragraphs 98 - 100). In Ryan v. Delahaye Estate, 2003 BCSC 1081, D. M. Smith J. considered compensation provided to the testator's son for his devotion during the parents' lifetime, and an interest-free loan made to him, in determining if there was proper maintenance and support for the other child. I thus conclude that, although inter vivos dispositions, and assets passing as a result of a right of survivorship pass outside the estate, and are thus not subject to a claim under the Wills Variation Act, the court can consider them when assessing, from the perspective of a judicious person, in the circumstances, whether a parent has met her moral obligations to an adult child.
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