delirium 2

Delirium and Mental Capacity

When discussing the law relating to mental capacity much of the focus is often on dementia such as Alzheimer’s disease, while delirium is often a complicating factor for doctors in assessing mental conditions and lawyers or notaries when assessing mental capacity. Delirium is also known… Read more

Appeal of Masters order

Appeal of a Master’s Order

Kalafchi v Yao 2015 BCCA 524 dealt with the standard of review on an appeal from a master’s order to a Supreme Court Judge. The appeal court rejected the argument that the standard of review in such cases should always be the “clearly wrong” test…. Read more

Simultaneous Deaths and Survivorship | Disinherited Estate Litigation

Simultaneous Deaths and Survivorship

The law relating to simultaneous deaths and survivorship is set out in section 5 WESA. If two or more persons die at the same time or in circumstances that make it uncertain which of them survive the other or others, unless a contrary intention appears… Read more

Certificate of Pending Litigation (CPL) | Disinherited Estate Litigation

Certificate of Pending Litigation (CPL)

Blackhall v Andrusko 2018 BCSC 140 discusses the law relating to the cancellation of a certificate of pending litigation (CPL) filed against property. The application was made by the respondent under section 215(1) of the Land Title act who argued that the certificate of pending… Read more

Trust? Three Certainties Must Be Present | Disinherited Estate Litigation

Trust? Three Certainties Must Be Present

PKMB v DHL 2018 BCSC 186 provides an overview of the law of trusts, including the required presence of the “three certainties” in order to vest a trust. The three certainties must be established on the evidence: the certainty of intention, the certainty of subject… Read more

Converting a Petition to an Action | Disinherited Vancouver

Converting a Petition to an Action

Re Berkenbos Estate 2018 BCSC 1661 involved in application to revoke the issuance of a grant of probate and for an order that the revocation application be converted from a petition into an action. The court granted both orders. The deceased and her husband were… Read more

Intention Is a Question of Fact | Disinherited

Intention is a Question of Fact

Law Society of BC v Brito 2018 BCCA 407 held inter aiia by the BC Appeal Court that the intention to create a trust is a question of fact. The trial judge had been asked to determine whether the parties funding agreements amounted to loans… Read more

Wills Variation Explained | Disinherited

Wills Variation Explained

JR v JDM 2016 BCSC 2265 explained the criteria in assessing a wills variation claim. [81] The key provision of the WVA is s. 2 ( now Section 60 WESA) . That section provides that if, in the Court’s opinion, a will fails to make… Read more

Court Orders Trustee Removed | Disinherited Vancouver

Court Orders Trustee Removed

Sheppe v Harlingten 2018 BCSC 1460 involved a court ordered removal of a trustee pursuant to the beneficiaries of the Harlingten trust which was established when they were children. Two beneficiaries of the trust lived in a residential property owned by the trust. The trustee… Read more

Extending the Counter Claim Deadline | Disinherited Vancouver

Extending the Counter Claim Deadline

Syukur v Yeh 2018 BCSC 1826 deals with the time dead lines to file a counterclaim and the rules of court relating to the exercising of the court’s discretion to extend the time for filing. Pursuant to rule 3-4(1) the counterclaim should have been filed… Read more

Partial Summary Judgement Refused In Limitation Defence

Partial Summary Judgement Refused In Limitation Defence

Barberio estate v Da Costa 2018 ONSC 6144 is an Ontario Supreme Court decision that refused to grant partial summary judgment on the matter relating to a limitation defence on the basis that credibility assessments and factual findings in limitation defenses need to be made… Read more

Faith healer Oral Roberts preaching, praying and laying hands on the sick in his prayer line at evening services.  (Photo by Francis Miller//Time Life Pictures/Getty Images)

S.58 WESA Refused to Cure Defective Will

Poulk Estate 2018 BCSC 1321 is a good review of the law relating to section 58 of WESA and after a review of the facts and law, found that the said curative provisions of section 58 could not be applied. The deceased was admitted to… Read more

Alcohol Related Dementia | Disinherited Vancouver Estate Litigation

Alcohol Related Dementia

Alcohol related dementia is one of a few lifestyle dementias that should be clear and present dangers to society as the numbers appear to be increasing. Anyone who has ever consumed alcohol to excess or witnessed it will know that common symptoms include slurring words,… Read more

Spousal or Child Support After Death

Spousal or Child Support After Death

Bouchard v Bouchard 2018 BCSC 1728 dismissed an application for lump sum child maintenance for monies held in the estate of the deceased to died intestate, but reviewed the law relating to continuing obligations to pay spousal or child maintenance after death and the impact… Read more

Amendment of Pleadings | Disinherited Estate Litigation

Amendment of Pleadings

Stewart v Stewart 2018 BCSC 1266 discusses the law relating to the amendment of pleadings. The plaintiff applied to amend his notice of civil claim three months before the scheduled trial. The court followed its usual generous approach to granting leave in keeping with the… Read more