2008 B.C.C.A.. 38
The testator’s will was varied to leave the widow $29,000. and a life estate in a one half interest in a condo. The entirety of the estate was left by will to two sons of his first marriage. The testator met the appellant at age 50, he died when 63. They were married for 11 years. The appellant received the matrimonial home, his pensions, RRSP and bank accounts by joint ownership.
Trial Judge upheld will and BCCA upheld trial judge save awarding other half interest/debt in one condo to wife. Case is a discussion of moral claims of first marriage children versus second marriage wife.