Court’s Discretion to Correct Wills Enhanced Under New Act
British Columbia’s Wills Act contains many technical requirements for executing a will. While these rules are designed to protect against fraud, they can also create ... Continued
Supreme Court of Canada Clarifies Unjust Enrichment Principles
The Supreme Court of Canada has recently released an important decision which caps a recent trend to expand the meaning of “juristic reason” in the ... Continued
A Gift that Lasts
When does a gift take effect? Is it enough to tell a friend or relative that you give them your car or your shares in ... Continued
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