Online Practice Manuals

Tataryn v. Tataryn Estate

• 1992 CanLII 871 (BC CA)
  • Go to CanLII for full text
• [1993] S.C.C.A. No. 25 (QL)
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• 1994 CanLII 51 (SCC)
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• (1994), 5 E.T.R. (2d) 210 (note) (S.C.C.)
  • Go to CanLII for full text

The above case is referenced within:

1. Annotated Estates Practice (Current to: January 01 2024)
   • Chapter 1. Wills, Estates and Succession Act—Annotated
     • LXXXIII. Maintenance from estate [§1.68]
2. British Columbia Estate Planning and Wealth Preservation (Current to: February 15 2023)
   • Chapter 7. Protecting the Estate Plan Against Challenges
     • II. Planning for Wills Variation [§7.2]
       • A. Testamentary Freedom and the Tataryn Decision [§7.3]
3. British Columbia Probate and Estate Administration Practice Manual (Current to: January 15 2023)
   • Chapter 1. Initial Advice for the Personal Representative
     • III. Preparing to Make the Application for Estate Grant [§1.31]
       • G. Spousal Claims: Initial Advice for the Personal Representative [§1.90]
         • 2. Prenuptial, Marriage, and Separation Agreements and Claims on the Estate [§1.92]
4. Civil Appeal Handbook (Current to: January 01 2023)
   • Chapter 6. Hearing and New Matters Arising on Appeal
     • II. New Matters Arising on Appeal [§6.28]
       • A. Fresh or New Evidence on Appeal [§6.29]
         • 4. Palmer’s Due Diligence Criterion [§6.33]
           • a. Due Diligence Requirement [§6.34]
5. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 10. Wills Variation Claims
     • VI. Post-judgment Procedural Issues in a Wills Variation Proceeding [§10.31]
       • I. Appeals in Wills Variation Proceedings [§10.40]
     • VII. Duty to Make Adequate, Just, and Equitable Provision in a Will [§10.41]
       • C. Wills Variation Claims by Children [§10.51]
         • 1. Test for Assessing Adequate Provision in Wills Variation Claims [§10.52]
       • E. Competing Wills Variation Claims between Spouses and Children [§10.59]
       • F. General Relevant Considerations for All Wills Variation Claims [§10.60]
         • 2. Size of the Estate in Wills Variation Claims [§10.62]
         • 6. Circumstances of Claimants in Wills Variation Claims [§10.66]
           • a. Financial Circumstances [§10.67]
         • 8. Contribution to the Estate in Wills Variation Claims [§10.70]
6. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
   • Chapter 13. Testamentary Issues in Family Law
     • VII. Wills and Claims by Spouses and Children [§13.29]
       • C. Right of Spouses and Children to Apply to Vary a Will [§13.32]