A woman who discovered her husband changed his will to leave his share of their East Vancouver home to a centuries-old Catholic church in Italy if she dies or moves is asking a court to vary the will because she can’t keep up the expenses.
Lilliana Garau, 77, has filed a lawsuit naming the Archdiocese of Oristano on the Italian island of Sardinia as defendant and asking the court to declare that the will of Francesco Garau didn’t provide “just, adequate and equitable provision.”
The couple had been married 29 years and had no children when Francesco died in 2011 at age 72. Their East Vancouver home was registered in “joint tenancy with a right of survivorship,” but in 2006 Francesco — without Lilliana’s knowledge — changed that to a “tenancy in common” when he drew up a will that same year, according to the civil claim filed in B.C. Supreme Court.
The will bequeathed his half of the house to Lilliana and it stated that when she dies or moves out of the house, his half interest would go to the archdiocese, the legal entity responsible for the church.
“Under the will, Lilliana is only provided with the right to remain living in the spousal home at her own expense,” the claim said.
She had expected to inherit the house, assessed at $2.2 million, and be sole beneficiary of his will. The couple had drawn up mirror wills in the mid-80s, benefiting each other.
She has lived in the house since Francesco died and survived on the money in their joint account, but has “struggled financially to maintain the ongoing expenses” with her pension and rental income from tenants.
The repairs, landscaping and property taxes “are proving too much for Lilliana,” the claim said.
She is in “reasonably good health and expects to live into her 90s.”
The church is in the countryside and “rather far” from where Francesco had lived while in Italy.
Francesco’s idea to leave money to the archdiocese stems from a trip they took to Italy in 2001 and attended a celebration at Santa Maria di Terrana.
Relatives have since told Lilliana that in 2021 the church was not an active parish but opens once a year.
By changing his will, Francesco “has failed in his moral obligation to provide for his longtime spouse” and cites a legal precedents from the B.C. Supreme Court, reasoning: “Lilliana will be found to have little income for her retirement and significant financial need for her maintenance and support as she ages.”
A tourism website for the nearby town of Sorradile said the church of Santa Maria may have been built in 1573 but appears to be much older, lending credence to a document discovered during a renovation showing it was built in 1250.
It was party restored several times and was damaged during a huge fire in 1980, after which town volunteers carried out some restoration.
The church is located in an area full of oak woods, olive groves, vineyards and wooded pastures.