Law360 Canada ( June 15, 2021, 5:53 AM EDT) -- Appeal by the testator’s son from a trial decision varying his father’s will. In his will, the father divided the residue of his estate one‑half to the son and one‑half to be divided equally between his daughter and her two sons. At the time of his death, the estate’s value was about $1,900,000. The daughter was 58 and disabled at the time of trial and unemployable. She had no significant assets and received a modest disability pension of $706 per month. She relied on financial assistance from a friend, from whom she received about $10,000. The son, 60 at the time of trial, was disabled because of a motorcycle accident and several motor vehicle accidents. He worked in this parents’ business but was no longer working. With investment income, his annual income was $60,000. His assets, excluding a share of the estate, had a value exceeding $4 million. The trial judge found that the will did not make adequate provision for the proper maintenance and support of the daughter. The son argued the judge erred in this conclusion, erred in determining what would be adequate, just and equitable in the circumstances, and in particular erred in reducing his share of the estate to benefit the daughter. The judge recognized the merit of respecting the testator’s wishes and interfering with them only so far as the Wills Act required. He thus cut the gift to each grandson in half, reduced the son’s share by one‑third and ordered that the daughter was entitled to one‑half of the estate....