Thursday, December 02, 2010

Your Last Will And Testament, Or NOT!

If you want to leave all your worldly goods to your cat, it is respected and upheld in the courts. If you want to leave all your worldly goods to your son, and cut your daughters out of the equation, that's not allowed. Is nothing sacred anymore? Can judges really rule against your last, dying wishes? It appears so, in Canada. This is really disturbing and intrusive.

B.C. court overturns man's last will 

A B.C. Supreme Court judge overturned a man's last will and testament Tuesday because he says a will must be based on “contemporary moral standards.”
Contemporary moral standards? Give me a friggin break! No judge should be able to overturn a will because someone objects to the terms set out in the will. This judge has overstepped the bounds and dictated HIS OWN morals on his ruling. He should be taken before a review board and stripped of his "judgeship", as he has clearly exposed his bias in this case.

In his ruling, Judge Randall Wong decided to overturn Werbenuk's will due to the financial need of the daughters, combined with the "treatment of his daughters during his lifetime and the irrational and untrue nature of the reasons" for not including them in his will in the first place.
This judge is totally out of line. Financial needs of the daughters? Maybe that is why Werbenuk didn't want his daughters getting any of his hard earned money. If they were freeloaders and did nothing to help their father, why do they deserve even one penny of his money? Dang, Liberal judges are ruining our country.

My Grandfather left everything to his oldest son. He gave one section of land to his youngest son, and my Mother got nothing. It was the tradition at the time, but it still hurts my Mom. Much as it still hurts, it was his will. Period. I know he is up in heaven now kicking himself for what he did to my Mom, but it was a legal will and no judge should be able to overturn it because it was not up to "contemporary moral standards". This decision needs to go to a higher court because a huge pandora's box has been opened by this judge. My will should be upheld as long as it was properly notarized.  Period. It is my WILL, not the judges will.

No judge should be able to overrule or change a law because he/she doesn't like it. That is absurd, it can not be allowed to stand. If I want everything I own to go to my favorite dog, the law should uphold my wishes and no judge should be allowed to overrule it, no matter how loudly my kids yap about it.


Southern Quebec said...

1) You cannot leave your estate to your pets in Canada.

2) If you read the article, the dead man (who was a POS) treated his daughters like garbage during his "life". It seems his son, (who inherited everything) is just like dear old dad. ie he didn't share the estate with his siblings.

3) Why would your grandfather change his mind now. He's dead!

Joe said...

On this rare occasion I agree with Southern Quebec. The brother must be some kind of jerk not to divvy up the estate with his sisters.

BTW overturning wills is not that uncommon. It happens where people have a legitimate expectation of inheritance. This is one such case.

Southern Quebec said...

Thank you Joe! Also, if you read the story at the NatPost, the law in BC is such, that the judge has the power to overturn the will. These women were not freeloaders. They took care of their "father". Why is anyone's guess, but they did. It looks like they were rewarded for their generousity.

Frances said...

This is not an uncommon problem in British Columbia. I've attended several seminars in which ways around this are discussed - usually trusts of some sort.

However, that being said, it rather sounds from all accounts as if Dad is an ungrateful s-o-b and son is the same. You get those types in all families. If it is true the women of the family did look after dad to the detriment of their own lives/families/futures, then perhaps this ruling is correct.