Successful Appeal in Presumption of Resulting Trust Case
The Supreme Court of Canada has confirmed that, when assets are transferred from a parent to an adult child without anything given in return, the ... Continued
Is a child born out of wedlock entitled to inherit under British Columbia succession law?
Since 1927, legislation in British Columbia had provided that in cases of intestacy, children born out of wedlock would inherit on the same basis as ... Continued
Couple never lived together, but court finds they are “spouses” for BC Estate Law
The definition of spouse in BC’s Wills, Estates, and Succession Act says that two people are “spouses” if “they have lived with each other in ... Continued
The Sensitive Issue of Burial
Issues surrounding the control of human remains and burial sites may involve substantial emotional, cultural, and legal issues. Most relevant provincial legislation across Canada gives ... Continued
The Executor’s Year
For those involved in estate administration there is, from time to time, reference made to the “executor’s year.” The following will discuss two questions which ... Continued
Legal Trend: evidence of testamentary intent can ‘save’ otherwise invalid wills or gifts
Background The recently reported case of Bach Estate (Re)[1] is the first decision to rule on section 43 of the Wills, Estate and Succession Act[2] ... Continued
The law on out of province Litigation Guardians in BC
Under the BC Supreme Court Civil Rules (“SCCR”) a proceeding brought by or against a person under legal disability must be started or defended by ... Continued
Which Jurisdiction’s laws will govern your estate?
Introduction In our globalized world, it is not uncommon for people to own property or have residences in multiple jurisdictions. The international aspect of a ... Continued
Court Rejects Disinheritance of Children based on “Invalid” Reasons
“Testamentary freedom” is the notion that a will-maker (or “testator”) is entitled to divide her property upon death however, and to whoever, he or she ... Continued
Committeeship Applications: the Uragi Case
A growing area in estate litigation is committeeship applications. A committee is a person or institution who is appointed to make personal, medical, legal and/or ... Continued
High evidentiary threshold to rebut the presumption of resulting trust
Gifts can fail if one does not make their intention to give a gift expressly known.
Estop and Think Before Relying on Future Estate Interests
Recent BCCA case might signal return to more stringent application of the doctrine of proprietary estoppel.