O’Mahony Law Secures 45% Share of $1.8 Million Estate for Disinherited Daughter

O’Mahony Law is pleased to announce a successful result in a significant wills variation trial before the Supreme Court of British Columbia.

In Enes v. Dancey, 2026 BCSC 1644, Thomas O’Mahony represented a daughter who had been completely disinherited by her father. His will left the residue of his estate, valued at more than $1.8 million, to her brother, while making no provision for her.

After a seven-day trial in Chilliwack, the Court found that the reasons given for disinheriting our client were not defensible and that the will failed to make adequate, just and equitable provision for her.

The Court ordered that the will be varied so that our client receives 45% of the residue of the estate, with 55% going to her brother.

The decision also contains important findings about credibility. The Court found our client to be a “truthful and reliable” witness and preferred her evidence where it conflicted with that of the defendant.

A Case That Attracted Media Attention

The case attracted significant interest beyond the courtroom and was subsequently reported by the Vancouver Sun:

Vancouver Sun — BC judge grants disinherited daughter almost half of father’s $1.8-million estate

For O’Mahony Law, the result underscores the importance of challenging an unfair will where a parent has failed to make adequate provision for a child, particularly where the reasons for disinheritance do not withstand scrutiny when the full history of the family relationship is examined.

Wills variation cases can involve complicated family histories, competing accounts of past events, and difficult questions about a deceased person's intentions. Our role is to carefully develop the evidence, test the reasons for disinheritance, and advocate for a fair result for our client.

This case is an example of the difference that determined trial advocacy can make when a beneficiary has been left out of a substantial estate.