Bouchard v. Bouchard – The Intersection of Estate Law and Family Law
The recent decent of Justice Donegan in Bouchard v. Bouchard, 2018 BCSC 1728, shows the importance of attending to the procedural and substantive law of ... Continued
Trusts and Estates Freezes Under Part 5 of the FLA – Walking on Thin Ice
Since the coming into force of the Family Law Act, S.B.C. 2011, c. 25 [FLA], much has been written about the implications of the family ... Continued
Emily Clough’s case at B.C. Court of Appeal appears in The Lawyer’s Daily
A court should not force an elderly person to undergo a medical examination to determine mental capacity. Mental capacity should be presumed. That was the ... 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
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
Will a marriage agreement stop a court from varying a will?
For almost 100 years, we have had legislation in BC that allows a court to vary a will to cause a larger part of the ... 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
Case Comment – S.A. v MVHC, 2017 BCCA 2
This case provided rulings on a few key issues: Is an interest in a discretionary trust an asset? Yes. The interest has no legal value ... Continued