Hix v. Ewachniuk, 2010 BCCA 317 (CanLII)

Mrs. Ewachniuk had a son and two daughters. In 2006 at the age of 90 she died leaving a $2 million estate. In 2004 she had changed her will and left everything to her son. He had once practiced law and drew up the will for her and had it executed. Prior to this she had left her estate to be divided equally between her three children. The two daughters brought this action challenging the will.

What would be the basis of their argument and the likely outcome? Would your answer be any different with the knowledge that the son had been responsible for preserving the family fortune from serious tax problems back in the 1960, and it was this fortune that had supported Mrs. Ewachniuk and her deceased husband over the years? There was no evidence of anything happening in the years immediately prior to the changed will that would have given her a reason to change it.