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
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
Caring for aging parents, and why those promises should be in writing
Planning for the care of elderly parents among family members often comes with promises. Some of these promises involve one sibling giving up part of ... 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
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
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
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
Innovative seminar well-received by trial lawyers
Amy Mortimore and Mark Weintraub, Q.C., chaired the Trial Lawyers Association’s professional development seminar on estate litigation on April 7, 2017. Amy and Mark’s approach blended ... Continued
Trial by fire!
Amy Mortimore and Mark Weintraub, Q.C., will be chairing the Trial Lawyers Association’s professional development seminar on estate litigation on April 7, 2017. Taking an ... Continued
The law on out of province Litigation Guardians in BC
Under the BC Supreme Court Civil Rules (“SCCR”) a proceeding brought by or against a person under legal disability must be started or defended by ... Continued
Court Rejects Disinheritance of Children based on “Invalid” Reasons
“Testamentary freedom” is the notion that a will-maker (or “testator”) is entitled to divide her property upon death however, and to whoever, he or she ... Continued
Lauren Liang in ILN Estates International
Lauren Liang’s Your Estate Matters article was republished in ILN Estates International, a publication by the ILN Trusts & Estates Specialty Group. In the article, ... Continued