Various Definitions of “Spouse”
Historically, spouses were those that had undergone a formal marriage ceremony before a religious or secular authority. We now live in a world where the ... Continued
Canadian courts espouse different tests for recognizing spouses: An update
In a recent article on our Estates & Trusts Blog, we considered what constitutes a spousal relationship under section 2 of B.C.’s Wills Estate and ... Continued
CANADIAN COURTS ESPOUSE DIFFERENT TESTS FOR RECOGNIZING SPOUSES
Under B.C.’s Wills Estate and Succession Act, SBC 2009, c 13 (“WESA”), a spouse has an interest in a deceased’s estate if the deceased dies ... 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
Estop and Think Before Relying on Future Estate Interests: An Update
Previously, in May of 2016, our firm discussed the decision of Cowper-Smith v Morgan, 2016 BCCA 200 [Cowper-Smith], which signaled a return to a stringent ... 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
Court Compels Individual To Undergo Mental Capacity Assessments
A “committee” is a legal guardian, appointed by the court, to act for an individual who has reduced capacity. A “committee of estate” acts for ... Continued
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
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
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
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