Trust 2

Trust Re Land Requires Transfer of Title

Mehmal v Mehmal 2018 BCSC 2057 discussed an alleged family agreement that certain siblings held property in trust for other siblings , but because the legal and beneficial title was never divided and no property was ever transferred , the court held that without a… Read more

constructive trust-remed or substant.

Substantive v Remedial Constructive Trusts

Trainer v Tractorhill Sales Ltd v Teck Metals Ltd 2018 BCSC 2043 discusses the difference between a substantive constructive trust and a remedial constructive trust. In BNSF Railway Co v Teck Metals Ltd 2016 BCCA 350, the Court of Appeal reviewed the development of the… Read more

Credibility: Who to Believe? | Disinherited Vancouver Estate Litigation

Credibility: Who to Believe?

Many court cases are decided on the issue of credibility. If the court does not believe one partie’s evidence then in all likelihood that party will lose. The law relating to credibility was reviewed in Yung v Three Good Friends Property Holdings Inc. 2018 BCSC… Read more

Quistclose Trusts: Trusts By Implication | Disinherited Vancouver

Quistclose Trusts: Trusts By Implication

Bentley v Hansen 2018 BCSC 1844 discusses Quistclose trusts that arise by implication and where so found, create a resulting trust. Quistclose is named after the leadidng case from the House of Lords in 1970- Barclays Bank v Quistclose Trust 1970 AC 567. The court… Read more

Costs For Meritless Claims | Disinherited Vancouver Estate Litigation

Costs For Meritless Claims

Berthi v Registrar of Land Titles 2017 BCCA 181 discusses the criteria relating to the award of either special costs or alternatively increased costs for meritless claims. The Court of Appeal dealt with the matter where the registrar of land titles refused to register a… Read more

Division of Family Assets and Debt | Disinherited Vancouver Estate Lawyer

Division of Family Assets and Debt

LW v FW 2018 BCSC 1924 discusses the legal framework for the division of family assets/property and debt. In this particular case it was an application for reapportionment of debt in favour of the female spouse. Section 81 of the FAMILY LAW ACT provides that… Read more

Delirium and Mental Capacity | Disinherited Vancouver Estate Litigation

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