What is the governing principle regarding variation under the Wills Variation Act?

British Columbia, Canada


The following excerpt is from Williams v. Stinson, 1996 CanLII 3080 (BC SC):

15 The governing principle regarding a variation under the Wills Variation Act is outlined by McLachlin J. in Tataryn v. Tataryn, [1994] 93 B.C.L.R. (2d) (S.C.C.) at page 157, paragraph 33: In the absence of other evidence a will should be seen as reflecting the means chosen by the testator to meet his legitimate concerns and provide for an ordered administration and distribution of his estate in the best interests of the persons and institutions closest to him. It is the exercise by the testator of his freedom to dispose of his property and is to be interfered with not lightly but only in so far as the statute requires.

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