THe most beautiful verdict you'll see anywhere today

[malaise]

https://calgaryherald.com/news/local-news/b-c-judge-overturns-will-that-left-majority-of-estate-to-sons-leaving-little-for-daughters/wcm/836a876f-87c2-400a-b10a-d0ebd5231846?utm_medium=Social&utm_source=Facebook&fbclid=IwAR1o3bKqYgtjnn-xW4mhB8j6CHOjh7Sdm14nKP-HSY3wxh2kJ1kWkw3vprs#Echobox=1564073941
<snip>
Nahar and Nihal Litt were farmers from India who came to B.C. and achieved the Canadian dream, building a future for their six children and accumulating a family fortune worth $9 million.

When the couple died in 2016, their will stipulated that their four daughters — Jasbinder Grewal, Mohinder Litt-Grewal, Amarjit Litt, and Inderjit Sidhu — receive $150,000 each, collectively less than seven per cent of the estate, while sons Terry Litt and Kasar Litt receive 93 per cent, or $4.2 million each.

Last week, the will was overturned in B.C. Supreme Court, a case that is notable because of the glaring disparity between the amounts given to the daughters compared to sons, and the overall value of the estate, said Trevor Todd, the plaintiffs’ lawyer.

“All of my sisters and I are happy with the judge’s findings,” said Amar Litt.

She and her sisters challenged the will on the grounds they were discriminated against based on their parents’ traditional Indo-Canadian values that favoured sons over daughters — a belief they argued falls short of the moral standards of Canadian society.

[marble falls]

1. I was suprised the courts overturned the will, but it was the right thing to do.

[malaise]

2. The will was visibly discriminatory

It's great news

[DemocracyMouse]

47. This is precisely how a liberal democracy should work.

Freedom to think, speak, elect and worship anything we want. Laws to ensure a free and fair economy for all.

Liberals should underscore stories like this.

[stopdiggin]

50. like THIS particular verdict, but ..

Think this is one of those places where reasoning (logic, law, ethics) involved in reaching it needs a GOOD deal more thought. If I, as a wealthy person, leave 10% of my estate to a 2nd cousin (no children?) .. and the remainder goes to we'll say fringe science projects (wack-a-doodle), or an extreme (and extremely unpopular) religious sect? Can the court then overturn those wishes on the basis of not reflecting "societal values?" In essence .. I can only will my estate to the church (or project) that the state approves? Hmm ...

[Roy Rolling]

3. Weasels

What kind of brother allows his sister to be so exploited by an antiquated rule? Cheat sisters out of millions? Worthless piece of sh*t. Both of them.

Some family love.

[skypilot]

5. The brothers actually seemed...

...to be in favor of their sisters getting more. The brother who was the executor tried to get the parents to change the will.

[Blue_Tires]

8. Good, because I was getting scared for a second...

I've seen siblings set up "tragic accidents" for other siblings for inheritances a lot less than 5 million...

[Hortensis]

31. That's nice to hear. So they win also.

[Dem2theMax]

22. My brother would do that in a heartbeat.

But hahaha on him, my parents didn't have anything left to leave, so he didn't get anything.

[LisaL]

57. Glad the sisters were able to challenge the will.

Sad the parents valued them so little because they were females and not males.

[Dem2theMax]

60. I agree 100%.

[JI7]

4. good for them.

[MyOwnPeace]

6. Honestly, I'm amazed

that the courts elected to overturn the requests of the parents. While it is so obvious that the parents still carried their values of their children's worth, I'm not so sure that it is right or proper for the government to step in and change their final wishes.

WAIT!!!!! Don't go nuts on me like I'm a RW DUDE!!!!!

I think it "sucked" the way the parents did it - WAY TO GO, GIRLS! - but still, what if "DAD" had just called the boys in and slipped them a few million while he was still alive. What could/should the government do then?

And, I wonder what the courts in the USA would consider as "moral standards" in the Age of IQ45?

As Mel Brooks might have said, "Moral Standards? We don't need no stinking moral standards!"

[lostnfound]

9. I was too, but I read the article and two extenuating factors

1) They worked for many years contributing to the family farm, even from an outside job. This, where does “family” end and “family business” begin?
2) British Columbia has a LAW that ALLOWS courts to adjust distributions from a will for the sake of fair and equitable treatment of siblings.

[Hortensis]

33. That #2 is what happened here. A redistribution in this case

was effectively inevitable, even if the sons hadn't agreed the will was immoral.

The article also indicates that for years the daughters were required to give the parents their incomes to develop the farm, and that would possibly be considered grounds in many jurisdictions far beyond this one.

[stopdiggin]

51. I didn't catch that

Thanks for giving a greater context,

[malaise]

10. You raise valid issues in this very interesting case

but this was about perpetuating patriarchy and the gap between what he gave the males v the females and known cultural views on males v females in Indian families made this bigger than a 'will'.

Daughters are still punished, victimized and killed in Western countries by parents (from India, Pakistan and other countries) who want to control who they marry.

This is more about challenging a cultural practice which is not tolerated in Canada.
Notice this reached the State Supreme Court.

It's fascinating and I love the verdict.

[robbob]

28. Minor quibble:

We don’t have “states” here in Canada, we have provinces! 🇨🇦 🤓

But in terms of political structuring, the B.C. provincial Supreme Court would be equivalent to a state Supreme Court in the USA.

[malaise]

36. True

We have parishes where I live

[robbob]

39. Parishes?

UK?

[DFW]

40. I'm not sure about every state in the USA, but Louisiana has parishes. n/t

[robbob]

41. Ok, but wouldn't that be more akin to counties?

Canada is primarily divided into 10 provinces and 3 territories, which would be equivalent politically to states and territories in the USA. These provinces are geographically huge dwarfing many of the smaller states in size, if not in population.

[DFW]

49. That is correct

In this case, a "parish" is a subdivision of a state, like a county.

As for dwarfing states in population, Americans Abroad, of which I am one, are more populous than approximately half the States, and our representation in Congress is exactly zero. For example, there are only three countries in the world that do not recognize residence-based taxation: Eritrea, some other small African nation that I forget, and the United States. We have no representation in DC to get that remedied. Only Russ Feingold showed any interest, and he got cheated out of reclaiming his Senate seat in 2016. I talked extensively with my new Rep. in Congress (Colin Allred) about this--before the last election while he was fundraising. Now, once elected, he won't even answer an email--just sends generic requests for more money.

[JustABozoOnThisBus]

61. I think Jamaica has counties, subdivided into parishes.

The only one I'm familiar with is Hanover parish in Cornwall county. It has beaches and rum. And tourists.

[JustABozoOnThisBus]

62. Mostly provinces, with a few territories. And one state ...

... Florida, which seems to be a Canadian territory in winter.

[MyOwnPeace]

11. Thanks, lostnfound & malaise

I'm guilty of not reading ALL of the details (hmmmm, I wonder if Congress has ever done that?) and your responses teach me to be more responsible in jumping to conclusions (hmmmm, I wonder if Congress has ever considered that?).
Both lead me to find more joy in the courts - well, at least this one in Canada!

[malaise]

13. The worst part was that it was the mother who kept up the practice

of discriminating against her own daughters - this did make me happy

By the way I am often guilty of not reading an entire article

[Demovictory9]

7. wow...what a disparity

[warmfeet]

12. Good to see justice served.

We have a lot of catching up to do.

[luvtheGWN]

18. There are some interesting precedents for this in the Canadian judiciary.

An example: many years ago a very wealthy gentleman with no heirs left his considerable estate (in the several millions) to a university with the proviso that it set up scholarships for white, protestant Men only, who intended to go into the protestant ministry (preferably Presbyterian). The university, to its credit, found this highly discriminatory and took the case to court.

The will was overturned, and the estate divided into two areas: anyone whose parents' income was insufficient and whose school marks (as well as other factors such as demonstrated good citizenship) were deemed exceptional and worthy of tuition at ANY Canadian university; and, the discretion of the foundation board members, who came from all parts of Canada, to benefit society in general.

We Canucks believe in fairness (that's why we have universal healthcare!).

[marybourg]

53. There have been several cases like that in the U.S. also.

As one might expect. Also a case where a father left money to a daughter only if she married a certain person. Court deleted the condition. Against public policy to induce marriage

[Buckeyeblue]

14. But what if you specifically wanted certain children left out?

If that's not possible in Canada, then why even have a will?

[malaise]

15. Well just make sure that you don't leave 93% to the two males

and 7% for the four females. Also make sure you don't have a history of treating them differently in matters money.

Note how the females contributed to the family wealth.

[Farmer-Rick]

19. And make sure you don't use their outside job to fund the family farm

The girls worked the farm and made their income from outside jobs available for the family. It was expected. And then the parents screwed them over. Abuse much? Glad to see the courts corrected this injustice.

[Bernardo de La Paz]

29. Simple. Write in the will the reasons why. If they are not sex-discriminatory it'll be ok.

Suppose one of the children had been driving you in a car negligently where you were injured and paralyzed and had been less attentive than your other children to your care.

You might wish to leave your child some money for some comfort but leave the bulk of it to other children who had been less careless and more attentive.

If you write that reasoning in the will it would stand up, I am sure (though I am not a lawyer).

[malaise]

34. +1,000

That simple

[Major Nikon]

42. I'm not so sure that would always hold up

People challenge wills all the time and do so successfully even in cases where intent is clear. That’s one of the reasons why people often opt for a trust, rather than a will.

[Bernardo de La Paz]

43. Sure. But would not be struck down on basis of sex discrimination if reasoning is clear.

If the will states facts that are not true, watch out.

If the will ignores relevant facts, watch out.


In this case, the will ignored the clear contribution the sisters had made to building the estate and ignored the cultural bias which was discriminatory.

I am not a lawyer. I propose solutions. Lawyers are paid to find problems.

[IronLionZion]

45. In this case it was gender instead of some kids being bad or whatever

some parents have written conditions into their will that would leave nothing if a child was involved in criminal behavior or did something the parents don't approve of

[marybourg]

54. I don't know about Canada, but

in the U.S. you can absolutely omit a child from a will, as long as you make it clear that you are doing it purposely and not accidentally. The difference here is what was done is based on a philosophy that is repugnant to the mores of the state and "against public policy". Caveat: I did not read this particular case.

[LisaL]

56. This particular province in Canada allows the judge to change the will.

Others do not. So it's certainly possible in Canada to leave out certain children.

[Polybius]

16. I got more than my sister when my parents passed away

She was a problem child, and to this day she's a problem adult. I was the golden child.

[MyOwnPeace]

17. And I think.........

you will find that that's how it could/should be - a parent's choice. Not comfortable with the court's right to step in and "make things fair" if there had been "special" circumstances.
But, I will grant that it seems that this particular case is indeed special - and seems to have "made things right."

[BobTheSubgenius]

24. I think that's a point well worth considering.

The unalterable fact is that the money belonged to the parents, but their wishes were disregarded. My sister and I divided my father's estate down the middle, even making a very ad hoc agreement to equate the value of her Oxford Master's degree, the family's grand piano, and a very valuable set of china and silverware (all items she really wanted) with the money he gave me to make a real estate investment...which I never asked for, by the way.

So I DO get the value of equity between siblings.

Also worth considering.. British inhei0ritamce tradition that goes back hundreds of years That being that the eldest son gets virtually everything. A very dynastic intent and outcome, obviously.

[malaise]

26. You are 100% with that British inheritance tradition

Remember when female royals were bypassed for sons

[Farmer-Rick]

27. But did the money belong to the parents?

When the daughters worked the farm and the family used the daughters' income from outside jobs. Seem to me the daughters were expected to work and give up their paychecks and in exchange the parents gave them practically nothing.

I've seen this in religious families around here. They use the daughters to clean and farm and cook and pick up an extra paycheck. And they brag that it is all for the family. One for all and all for the family.

Then when parents die or when bills pile up or some major emergency, suddenly it's the parent's money, suddenly only the boys go to college, suddenly only the boys get the inheritance. The daughters get little to nothing no matter how hard they worked the farm or how many of their paychecks went to support the farm. It's abuse, clear and simple.

[malaise]

32. Excellent post

and this is the fundamental issue here

[stopdiggin]

52. it IS abuse

plain and simple. Makes me angry as hell. But where is the legal recourse? (mind, I'm not saying there shouldn't be one) These backwards social values need to be held up to the light for examination (and perhaps public shame and disapproval?) Beyond that ..? (glad they got a chance on this one in Canada .. but basically .. people just gotta' quit doing this sh**)

[smirkymonkey]

58. +1000

[Bernardo de La Paz]

30. It's not difficult. Write the (non-sexist) reasoning into the will & if it is true it will stand up.

See my Reply #29 above.

[Ligyron]

20. Why do I think Canada may be a bit more fair and progressive than much of the US?

Oh wait, I know... that's probably because by and large it is.

[sl8]

38. Maybe so, but the rest of Canada doesn't have the B.C. Wills Variation Act

[...]

“The judge had to take into consideration what the will said,” said Litt. “We are still able to honour our parents wishes that the sons get more, but there’s more fairness now.”

The B.C. Wills Variation Act allows judges to change a will to make sure it is “adequate, just and equitable” to the testator’s spouse and children.

B.C. is the only province in Canada to have this legislation, adopting it from New Zealand in 1920.

It can be a controversial legislation, said Todd, but argues it doesn’t mean British Columbians don’t have a say in what happens to their assets upon death. Parents can still disinherit a child, for example, but there has to be valid and rational reasons for doing so.

[...]

[EllieBC]

46. Not to First Nations people.

Don’t get too excited. FN people’s are regularly targeted by the Ministry of Children and Family (that’s our version of CPS). In the more remote northern areas FN teens are committing suicide at a rate outpacing the Canadian average. Nothing is being done.

These women had money to get a lawyer. Money helps regardless of country.

[AllaN01Bear]

21. eggscllent.

[panader0]

23. I went to a lawyer and drew up my will about 8 months ago.

My acreage and possessions would be split 5 ways. One share for each child
and one for Jeannie. I brought the paper home and Jeannie, to my surprise,
insisted she did not want a share, only to be able to live here if I die first.
I'm 7 years older, and her folks live into their 90's.

[malaise]

25. You are a truly good man

and clearly chose well.

[CaptainTruth]

35. "a belief they argued falls short of the moral standards of Canadian society"

I think I'm going to start using that phrase about racism in the US.

Racism is a belief that falls short of the moral standards of American society.

[malaise]

37. Nice

[Bernardo de La Paz]

44. +1. Helps racists see the light (a few do, especially their children). Encourage people to do better

[Bayard]

48. Glad for the verdict

But isn't a person allowed to bequeath whatever they want to another person in their will? The term, "Cut out of the will."

[LisaL]

55. Depends on where they live.

This particular province in Canada allows the judge to change the will to make it more fair and just.

[PoindexterOglethorpe]

59. So they lived in Canada more than 50 years

and somehow never internalized Canadian values? That's sad.