Costs in Estate Litigation: Different Horses for Different Courses
A common question raised by individuals upon entering litigation is how legal fees will be paid if they are successful in court. In estate litigation ... Continued
Emily Clough Outlines Two Recent BC Supreme Court Decisions for Thomson Reuters’ Taxnet Pro
In an article for Thomson Reuters’ Taxnet Pro website, Emily Clough summarizes two recent BC Supreme Court decisions that required the Court to determine when ... Continued
When will the Court remove an Executor? Two recent decisions from the Supreme Court of British Columbia
Two recent BC Supreme Court decisions required the Court to determine when it is appropriate to remove an executor of an estate: Nieweler Estate (Re) ... Continued
Bouchard v. Bouchard – The Intersection of Estate Law and Family Law
The recent decent of Justice Donegan in Bouchard v. Bouchard, 2018 BCSC 1728, shows the importance of attending to the procedural and substantive law of ... Continued
Can an Executor be Held Liable For Not Following the Burial Wishes of a Deceased Person?
The Duty To Follow The Wishes of The Deceased and “CIFSA” Upon the death of an individual in British Columbia, unlike other Canadian jurisdictions, there ... 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
Another leading case by our estates team: Court Confirms Multiple Wills for Business Owners
We recently acted in the first BC court case to confirm that multiple wills may be used to reduce probate taxes for business owners. We ... Continued
Probating a USA Will and BC Assets
Obtaining a grant of probate from the BC court provides assurance for anyone dealing with an estate that the deceased’s will is legally valid and ... 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
Did the 2016 BC Budget put “bare trust” planning in jeopardy?
2016 BC budget potentially signals plans to apply property transfer tax to beneficial transfers.
The Even-Hand Rule
Executors must remember their obligation to treat all beneficiaries of a will equally.
Vested versus Contingent Interests
Recent case endorses longstanding preference of holding that an interest has vested, if the language of the will can support that interpretation.