A Tale Of Two Spouses: Boughton v. Widner Estate

• Published date: 04 March 2021
• Subject Matter: Litigation, Mediation & Arbitration, Criminal Law, Family and Matrimonial, Family Law, Trials & Appeals & Compensation, Crime, Divorce
• Law Firm: Clark Wilson LLP
• Author: Ms Polly Storey

In a recent decision, the British Columbia Supreme Court grappled with an estate dispute where a deceased was survived by two spouses. This unique decision, involving a deceased who was the victim of homicide, gave the Court an opportunity to consider whether the Wills, Estate and Succession Act [WESA] gave both spouses legal status in respect of the Estate, and whether doing so would "condone polygamy".

The Deceased's Double Life

In Boughton v. Widner Estate, 2021 BCSC 325, the Deceased left what Justice Duncan described as "a complicated legacy".¹ He was survived by Sabrina, to whom he had been married, and by Sara, with whom it was acknowledged that he had been in a marriage-like relationship of at least two years.

By his death in 2017, the Deceased had been in a relationship with Sabrina for 17 years, and in a relationship with Sara for 8 years. He had two children with each of Sabrina and Sara.

Sara knew about Sabrina. However, she believed the Deceased's statements that he would eventually obtain a divorce and marry her. When the couple began their relationship in 2009, the Deceased had said he was finalizing his divorce from Sabrina, and wished to be a good father to his children. He also said that he had property listed for sale, and when it sold, they would be able to buy a home together and move on. "This", the judge noted, "was the same story he told her for eight years, from the start of his relationship to his untimely death."² He had bought a ring for Sara in 2011, and her evidence was that "they planned to be together forever".³

Sabrina, on the other hand, "had no knowledge of her husband's relationship with [Sara] and was not separated from him at the time of his passing".⁴ They had begun living together in 2000, and gotten engaged in 2005, shortly after the birth of their first child. They married in 2008. Although Sabrina had raised the subject of the divorce with the Deceased in 2014, her evidence that he was extremely upset by this prospect, and that their relationship improved thereafter.

The judge described how the Deceased was able to lead a double life for many years as follows:

[7] The Deceased was able to maintain two separate households because he told [Sabrina] he was working part of the week on the other side of Vancouver Island from [their] household, when he was actually spending time with [Sara]. The Deceased kept up a regular schedule, alternating between the two households.

The Deceased Criminal Life?

During his lifetime, the judge described the Deceased as having worked in "various...