A woman’s decision to leave her half of the condo where she lived with her husband of 40 years to her brothers in her will, rather than her husband, was upheld by the Supreme Court of British Columbia.
The court heard a pair of competing applications concerning the will of Tarhata Handinero Vencer, who died on Sept. 15, 2021, leaving only her husband of 40 years, Benjamin Vencer. The couple had no children.
In her will, Vencer left her main asset — her half interest in their Vancouver condo, which they owned jointly as tenants in common — to her brothers, rather than her husband, who lived at the property with her for 20 years. One of the brothers predeceased her, dying in 2013. The will was made in 2005.
The husband, who was named executor in her will, renounced his position as executor, and asked the court to vary her will, arguing that it made inadequate provision for him.
The surviving brother asked the court to dismiss the husband’s application, to confirm that he was entitled to her 50% of the condo, and to name him as executor.
Ultimately, the court sided with the brother, ruling that the decision to give her half of the condo to her brothers, ” fell within the range of acceptable outcomes …”
And, given that one of the brothers was already dead, the court found that the full 50% share should go to the surviving brother.