Charitable Purpose Trusts | Disinherited Vancouver Estate Litigation

Charitable Purpose Trusts

Doukhobor Heritage Retreat Society 1999v Vancouver Foundation 2019 BCSC 54 involved a decision relating to the criteria of whether or not a document qualified as a charitable purpose trust. If the document was not a charitable purpose trust, then the trust would be void pursuant… Read more

"Knowing Receipt" of Trust Property | Disinherited Estate Litigation

“Knowing Receipt” of Trust Property

Vancouver Coastal Health Authority v Moscipan 2019 BCCA 17 dealt with the proceeds of misappropriated funds from the employer of the deceased, in favor of her husband, and the court reviewed the law relating to “knowing receipt” of trust property. The leading decision is Citadel… Read more

Suspicious Circumstances and Testamentary Capacity | Disinherited

Suspicious Circumstances and Testamentary Capacity

It’s important that will drafters be aware of and watch for any suspicious circumstances that might exist when taking will instructions. Preparing a will in the presence of suspicious circumstances simply increases the risk that the wills draftsperson might end up testifying about the validity… Read more

Wills Drafting- The Myth of the “Simple Will” _ Disinherited

Wills Drafting: The Myth of the “Simple Will”

It must be stressed that any document that has consequences as permanent and far-reaching as a Will can never be “simple.” Even a straightforward Will can be fraught with drafting problems and potential liability. A Will speaks from death and cannot be altered after death…. Read more

Trust Re: Land Requires Transfer of Title | Disinherited Estate Litigation

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 transfer of… Read more

Substantive v Remedial Constructive Trusts

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