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A BC judge decided a deceased woman's estranged son deserved more of her estate than she gave him in her will.

In a recent recently published, Aug. 25, BC Supreme Court decision, the judge heard the man's extended family may have tainted the mother's opinion of her only son before she decided he would get a quarter of her estate.

Nicolas Bautista was born and raised in the Philippines, but his mother, Pacita Bautista Gutkowski, moved to Vancouver when he was just three months old. They finally met when he was seven, but she would return to Canada and she didn't intend on bringing him with her, according to the decision.

He lived most of his childhood with his grandparents and worked on a family farm. Now 48 years old, Nicolas lives in a friend's house and works intermittently.

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The court heard Pacita "did not have an easy life" in Canada after immigrating to be a nanny, although she later married and her life became more stable. She would send money back to the family, but the court heard Nicolas' family did not have a favourable opinion of him.

Pacita left 75 per cent of her estate, which included a rough total of $850,000 for its beneficiaries, to her sister Dolores and niece Rosalie.

Dolores submitted evidence describing Nicolas as "rude, disrespectful and cruel" toward his mother, but Justice Heather MacNaughton said it was merely hearsay and put little stock in those suggestions.

Nicolas tried to maintain a relationship with Pacita throughout the years, but he was estranged by her and largely rejected by his grandparents and aunt, who all live in the Philippines, according to the decision.

He had no idea Pacita was sick despite repeated text messages. She did not respond to his text messages in the months before she died.

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She died in December 2021 and he arranged the funeral when her remains were sent to the Philippines.

Nicolas asked the court to increase his 25% share in Pacita's estate to 80%. Justice MacNaughton decided Nicolas, who didn't have his own home and wasn't working, had a greater financial need than his aunt Dolores.

She also ruled Pacita had a "moral obligation" to Nicolas after abandoning him in another country, whereas she had no obligation to her sister and niece.

Of his mother's $850,000 estate, which included the sale of a New Westminster home she shared with her husband, Nicolas was awarded 60%, according to the decision. Dolores and Rosalie then split the remaining 40%.

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