The Tests for Undue Influence for Testamentary Gifts and Inter Vivos Transfers
Background In Seguin v. Pearson, 2018 ONCA 355, the appellant appealed an Ontario Superior Court of Justice decision in which the trial judge dismissed her ... Continued
The Third Party Beneficiary Rule: Claims By Disappointed Beneficiaries Against A Solicitor
Generally, a solicitor who accepts instructions to draft a will owes a legal duty of care to an intended beneficiary under that will. This duty ... Continued
Suspicious Circumstances – Bhalla Estate, 2017 BCSC 1867
In British Columbia, there are three requirements for making a valid will: the will must be validly executed in accordance with requirements set out in ... 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
Drafting a Will In Light of the Rule in Howe v. Earl of Dartmouth
When deciding how to distribute property under a will, a will-maker will sometimes wish to delay when those assets are transferred to a particular beneficiary, ... Continued
Multiple wills can protect business owners from extra probate fees
Probate is a court process that confirms the validity of a will and the executor’s authority to act under it. Business owners can protect themselves ... 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
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
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 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.