Financial Abuse- caregivers

Caregiver Financial Abuse of the Elderly

A British Columbia nurse was fine by the College of registered nurses in the amount of $17,500, plus ordered to pay investigation costs of $16,500 for financial abuse of an elderly couple, now deceased. The nurses misdeeds included being the couple’s power of attorney, putting… Read more

Dysfunctional families- roles created

Dysfunctional Families- Unhealthy Roles Created

It is well-established that dysfunctional families create some very unhealthy roles for its participants. It is beyond doubt that early childhood trauma and its wounding effects are carried well into adulthood for the remainder of one’s life. I venture to say that most “street people”… Read more

Trusts- inter vivos

Valid Inter Vivos Trusts

An inter vivos trust is where property transfers from one living person to another pursuant to a trust. “A trust is the relationship that arises whenever a person called the trustee is compelled in equity to hold property, whether real or personal, and whether by… Read more

Dysfunctional Families and Undue Influence

Dysfunctional Families- Undue Influence Indicators

Undue influence is very common in dysfunctional families and many of the indicators to watch out for are summarized in this blog. I am frequently approached by members of a family who suspect that one or more of their siblings have unduly influenced or will… Read more

Power of Attorney Abuse | Disinherited | Estate Litigation

Power of Attorney Abuse

Goyal v. Estate of Maisie Meng 2017 BCSC 2474 involved an abuse of a power of attorney who were sued by the estate representatives for breach of fiduciary duty. Mr. Liem and Mr. Tuan acted as powers of attorney for Mr. and Mrs. Meng prior… Read more

Partition and Sale of Property Refused

Partition and Sale of Property Refused

In Kane v. Hanslo 2017 BCSC 2393 a claim for Partition and Sale of property was referred to the trial list rather than being decided at a summary trial. In 2011 the deceased transferred a 50% interest in a 42 acre property he owned to… Read more

Was it a Gift?

Was it a Gift?

A good deal of estate litigation revolves around the issue of whether a transfer of real or personal property from one party to another was a gift or if the property is held on a presumed resulting trust. The BC Court of Appeal case of… Read more

Contesting Estate Legal Fees

Contesting Estate Legal Fees

Beneficiaries of an estate ordinarily have standing to contest legal bills if an executor seeks to be indemnified for the lawyer’s bill from the estate. See Chute Estate 2014 BCSC 344. The decision Re Sangha 2018 BCSC 54 was such a situation, and the registrar… Read more

Removal of a Committee or Litigation Guardian

Removal of a Committee or Litigation Guardian

The applicable case law and test for the appointment and removal of committee or litigation guardian of a patient’s estate is the Supreme Court of Canada decision of Gronnerud v Gronnerud (2002) 2 SCR 417, which essentially was a useful statement of the parens patriae… Read more

Witness Credibility Assessment

Witness Credibility Assessment

Robledano v Jaconto 2018 BCSC 152 reviewed the law relating to the criteria to be used when assessing the truthfulness/credibility of a witness. The case involved a claim of same sex marriage where it was disputed between the parties that such a relationship existed prior… Read more

Transfer of Property Registered After Death Valid

Transfer of Property Registered After Death Valid

Chung estate v. Chan 1995 BCJ 2195 was a decision of the BC Court of Appeal that held that a transfer of real property from a deceased person to himself and another person as joint tenant, was valid despite the fact it was registered at… Read more

Dysfunctional Families: Depersonalization Disorder

Dysfunctional Families: Depersonalization Disorder

Most of my clients at disinherited.com come from what generally might be described as dysfunctional families that ultimately result in a disinheritance for a number of complex reasons. Part of my job as an estate litigation lawyer is to try and understand the complexity of… Read more

The "In Law Suite" - Unjust Enrichment

The “In Law Suite” (Unjust Enrichment)

A common source of estate litigation is the contribution of funds towards an “ in law suite”, that ultimately does not work out over time, and the in-laws sue to recover the monies that they contributed to their child, and his or her spouse’s home…. Read more

Executor's Remuneration

Executor’s Remuneration

A beneficiary has the right to challenge a claim by the executor for remuneration by compelling the executor to pass his or her accounts before registrar of the Supreme Court of British Columbia. The decision in re Sangha 2018 BCSC 54 outlined the various criteria… Read more

Proprietary Estoppel (SCC)

Proprietary Estoppel (SCC)

In a significant win for disinherited individuals who were promised to inherit an asset, the Supreme Court of Canada in Cowper-Smith-Smith v. Morgan , 2017 SCC 61 reversed the BC Court of Appeal and allowed a claim for proprietary estoppel. FACTS: The trial judge had… Read more