Quote:
Originally Posted by troutman
It would be very difficult to over-turn inter vivos gifts - you would have to establish some kind of fraud, undue influence or unjust enrichment. This is probably a technique some families use to avoid wills variation.
Again, I want to emphasize, you are pretty much free to do what you want with your $, with only a few limits and rare exceptions.
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So in your opinion, would the same verdict for this case be found in Alberta?
Edit - another point that was brought up earlier in the thread:
If the courts can dictate "fairness", what's to stop a challenge of a charitable or other philanthropic gift? If the children / direct heirs in a will are short-changed (or left out entirely) in favour of another entity, where do we draw the line at fairness?
It's my opinion that if the brothers in this case accepted that the will was unfair, it was up to them to - privately - make things right, if they chose to do so. Involving the courts in a private family dispute, no matter the optics of fairness or discrimination seems like a very bad idea to me.