Dependants' Relief Legislation and Compulsory Portion

Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of his death. Dependants' relief legislation in British Columbia and compulsory portion in Germany limit this freedom by providing testator's family members with a portion of the estate. However, out of the two, only the legislation gives courts the discretion to change testamentary provisions, by making them, in some cases, entirely ineffective. A comparative analysis of the application, legal character, history and purpose of the limitations leads to the conclusion that the freedom of testation is significantly more limited under British Columbia's legislation than it is under the German law. The author proposes a solution that increases the freedom, adds predictability and reduces subjectivity of the application of the dependants' relief legislation in British Columbia.

born 1987; 2011 Master of law, Adam Mickiewicz University in Pozna?, Poland; 2012 LL.M., McGill University, Montreal, Canada; 2016 PhD, University of Passau, Germany; since 2013 research and academic assistant at the Law Faculty of the University of Augsburg, Germany.