Yesterday’s blog was about the Court of Appeal decision in British Columbia in the recently reported case of Tom v. Tang, 2023 BCCA 221 (CanLII) released on June 2, 2023, where the BC Court of Appeal went a long way in varying a will. Below is a comparison of the legislation in British Columbia and Ontario.
British Columbia
Wills, Estates and Succession Act, SBC 2009, c 13
60 Despite any law or enactment to the contrary, if a will-maker dies leaving a will that does not, in the court’s opinion, make adequate provision for the proper maintenance and support of the will-maker’s spouse or children, the court may, in a proceeding by or on behalf of the spouse or children, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the will-maker’s estate for the spouse or children.
Ontario
Succession Law Reform Act, R.S.O. 1990, CHAPTER S.26
58 (1) Where a deceased, whether testate or intestate, has not made adequate provision for the proper support of his dependants or any of them, the court, on application, may order that such provision as it considers adequate be made out of the estate of the deceased for the proper support of the dependants or any of them. R.S.O. 1990, c. S.26, s. 58 (1).
Thank you for reading.