Case Comment: Cusack v. Cusack, 2026 BCSC 461

In Cusack v. Cusack, the BCSC clarified the post-Tom v. Tang framework for assessing whether the disinheritance of an adult child is justified. The Court found that, although the plaintiff’s estrangement from her father during childhood was not her fault, because she later reconciled with her father and then chose to become estranged again, this subsequent estrangement was found to negate her father’s moral obligations toward her and to justify her disinheritance.

Underused and Abused – The Latest Tax on Residential Real Property

The Underused Housing Tax Act imposes an annual tax of 1% of the value of vacant or underused residential property that is owned directly or indirectly by persons who are not Canadian citizens or permanent residents, and certain other entities, unless an exemption applies.

Gifts to Grandchildren Reduced

The British Columbia Court of Appeal upheld a decision reducing gifts to grandchildren but ruled that giving the daughter more than the son infringed testamentary autonomy.

Electronic Wills in British Columbia

Starting December 1, 2021, the BC Courts can accept a will that is created, signed or stored electronically.