A daughter and son, the youngest of 3 adult children, brought an application to vary their mother’s will. Oldest daughter (Margot) lived with parents, then mother and provided care and expense contribution through paying nominal rent. Daughters were of modest means, son was better off financially. Estate was worth $605,000. of which $540,000. was attributable to a house. Oldest daughter was a life tenant under the will, residue to other two children, and if house sold, divided equally. Oldest daughter did not plan to move.
Held that the relationship between mother and oldest daughter was mutually financially beneficial. Will varied to allow Margot to live for 3 years and then split 45% Margot (oldest), 30% Jennifer and 25% Daniel. Extensive review of the WVA legal precedent by Trial judge.