Case Comment – S.A. v MVHC, 2017 BCCA 2
This case provided rulings on a few key issues: Is an interest in a discretionary trust an asset? Yes. The interest has no legal value ... Continued
Executor Granted Disclosure of Legal Advice Given to Deceased Will-maker
Solicitor-client privilege is a legal principle that protects, or “privileges”, communications that involve the provision of legal advice between a lawyer and their client, and ... 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.
What is a marriage-like relationship?
Wills variation claims often involve claims by persons alleging to be a spouse of the deceased.
What does an entrepreneur need to know about making a charitable donation?
Proper planning can maximize the charitable gifts made by entrepreneurs.
The 21 Year Deemed Disposition Rule
There are strategies to address the tax consequences for trusts that arise every 21 years.
Court allows disinheritance of estranged children
Recent case confirms that there are valid reasons for disinheriting a child.
The Even-Hand Rule
Executors must remember their obligation to treat all beneficiaries of a will equally.
Application of WESA: Date of Death or Date of Will?
Recent case draws hard line for the date that determines the application of WESA.