A judge has awarded half of the almost $800,000 estate of a Chilliwack-area woman who was murdered by her son to the son’s daughter.
Lois Janine Unger, 51, was found dead in her Yarrow home in February 2016. She had been assaulted and asphyxiated.
Clayton Jacob Warkentin, her younger son who was 19 at the time of the slaying, was initially charged with the first-degree murder of his mom.
But he pleaded guilty to the lesser offence of second-degree murder and was sentenced to life in prison with no parole eligibility for 10 years.
After she died, the executors of Unger’s estate filed an application in court seeking direction on whether Warkentin was disentitled from receiving his half of the estate.
The executors wanted to know who would benefit from Warkentin’s share if he was not entitled to anything.
In his ruling on the case, B.C. Supreme Court Justice Robert Jenkins noted that in Canada there is a rule of public policy that excludes the person responsible for another person’s death from taking any benefit because of their criminal act.
The judge noted that Warkentin, who remains in prison, sent a letter to the lawyers for the estate in which he voluntarily disclaimed his entitlement to his half-share of the estate, which would have been about $400,000.
“All parties acknowledge that Clayton is disentitled from receiving a share of the estate under the rule of public policy referred to earlier in these reasons,” the judge said.
Logan Warkentin, the victim’s other son, argued in court that upon his brother being disentitled to the estate, Clayton’s share should be given to him.
The executors argued that the share of the estate meant for Clayton should revert to his offspring, a daughter who was born shortly after her grandmother’s death, or if that failed, to several charities mentioned in the will.
The Public Guardian and Trustee of B.C., acting on behalf of the daughter, claimed that the money should be given to the daughter due to the wording of the will.
The judge ordered that the residue of the estate be given to the daughter due in part to the public policy rule.
He said that the daughter was an “alternate beneficiary” of the gift to Clayton Warkentin as contemplated by the applicable legislation and is therefore the “first priority” for distribution of the killer’s share of the estate.
“Logan was not an alternate beneficiary of Clayton. He was a primary beneficiary of the residue along with Clayton and had no claim against Clayton’s share,” said the judge.
Jenkins ordered that the moneys be paid to the Public Guardian to be held in trust for the daughter.
