Avoiding Wills Variation Claims: How Far is Too Far?
Under the Wills Variation Act (WVA), a spouse or child of a deceased person who has left a will can petition the court to vary ... Continued
Spousal Transfer can Lead to Tax Pitfall
The recent BC Court of Appeal decision in Zeitler v. Zeitler Estate, 2010 BCCA 216 illustrates why tax consequences must be thought through carefully even ... Continued
Unjust Enrichment and Estate Claims
Typically, when a spouse or child has not been adequately provided for under a testator’s will, the remedy has been to make a claim under ... Continued
Support Binding on the Estate?
One of the more difficult situations that may arise in the administration of an estate is a claim by a former spouse of the deceased ... Continued
Wills Variation Act: A Testator’s Legal and Moral Obligations must be Satisfied Before Other Claims will be Considered
In a recent decision, the BC Court of Appeal clarified the importance, or lack of importance, of the claims of persons not protected by the ... Continued
Knowing and Approving the Contents of a Will: The Applicable Burden of Proof
A basic tenet of estate law is that the testator must know and approve of the contents of his or her will; if the testator ... Continued
Picketts v. Hall – Trial Judge Overturned by Court of Appeal, Leave to Appeal to SCC Denied
In the Summer 2008 edition of Your Estate Matters, we reported on the trial decision of Pickets v. Hall, a case involving a large estate ... Continued
Saying “I Do” Can Impact Your Will
In British Columbia today, many couples choose to live in a common law relationship, without legally marrying. They often refer to one another as his ... Continued
The Naked Truth About Bare Trusts
A man visits his lawyer to discuss the estate of his recently deceased mother, who had been residing in Hong Kong. Her estate includes a ... Continued
Court Provides Deference To Agreements Between Deceased And Widow
In a recent decision of the British Columbia Supreme Court, the agreement between the deceased and his widow as to their financial arrangements and lifestyle ... Continued
Second Time Is The Charm
The Wills, Estates and Succession Act (Bill 4), which consolidates and modernizes succession-related statutes into a single act, has passed third reading and is expected ... Continued
Powers of an Executor to Shorten Limitation Periods
During the administration of a solvent estate, the executor or administrator must pay out all valid debts made against the estate. The executor or administrator, ... Continued