Vernon man loses inheritance after judge rules his parents didn’t want to leave him anything

A Vernon man who was estranged from his parents but later became the beneficiary of their will has had his potential inheritance overturned after his siblings successfully challenged the will in court.

David McRae had been estranged from his parents for some years and was purposely left out of their will, but shortly after his father died, he began contacting his mother, who was suffering from dementia.

Six months later, his siblings learned that David had now become the beneficiary of their parents’ will.

The details are laid out in a Jan. 7 BC Supreme Court decision on the family’s legal challenge.

The case involves Dorothy and Robert McRae, who in 1991 bought a 5-acre property on Silverstar Road in Vernon.

The couple had four children, Debra, William, James and David and in 2015 drew up their will.

The couple offered their daughter, Debra and her spouse, Carl Bachand, to transfer the property to them if they would live there and care for them in their old age.

The decision says Debra and Carl were to pay $200,000 and Debra would be put on the title of the property as a joint owner with her parents.

A solicitor drew up the agreement, and the elderly couple also paid James $100,000 and William $70,000.

“They, again, indicated that David was to receive nothing from their respective estates as he had already received full payment of any interest he had coming,” Justice Ian Caldwell said in the decision. “(The solicitor’s) file notes confirm these instructions, and they were further confirmed in writing and signed by both Dorothy and Robert.”

A will was drawn up, which left the couple’s estate to their other children, James and William and their spouses.

The decision says that in 2016, Robert had several falls and following this, Debra and Carl moved into the basement of the property to care for them as they’d previously agreed.

In 2017, Dorothy’s dementia meant she was incapable of managing herself or her affairs, and two years later, Robert died. Debra and Carl continued to live at the property and look after Dorothy.

“In early 2020, David, having been somewhat estranged from his parents for some years prior to this, began contacting Dorothy,” the Justice said.

Months later, Debra became aware that her mother had changed her power of attorney to David and his wife, Sandra. 

She also learned that Debra and Carl had been removed from the title of the property and the will had been changed, making David the beneficiary.

The decision doesn’t give a dollar value for the property, but BC Assessment puts it at just under $900,000.

It appears the relationship between Debra and her brother then broke down.

David hired full-time caregivers for his mother in the upstairs of the property, and installed surveillance cameras.

“(David) prohibited Debra or Carl from being present in the upstairs area of the property unless supervised by caregivers,” the decision reads.

Debra and Carl then took legal action, arguing that the will should be reverted to the original agreement and they should be put back on the title for the property.

She argued that they had an agreement with her parents to look after them in return for being on title and had put up $200,000. She’d also spent years caring for them as agreed.

While David now has power of attorney for his mother, he didn’t turn up to the trial.

“No response of any kind had been received from David or legal counsel on his behalf,” the Justice said.

Ultimately, Justice Caldwell overturned the will that left the property to David and reverted it to the original agreement.

The Justice also ruled that the title of the property couldn’t be amended until after Dorothy passed away.