Publication Bans | Disinherited Vancouver Estate Litigation

Publication Bans

Toronto Star Newspapers Ltd v Sherman Estate  2018 ONSC 4706 involved the sensational murder of two wealthy Torontonians where the courts weighed the deleterious effects of applying publication bans to protect files. The court concluded that any deleterious effect of a publication ban was substantially… Read more

S.151 WESA: Leave to Commence a Court Action on Behalf of Executor

S.151 WESA: Leave to Commence a Court Action on Behalf of the Executor

Re Gordon Estate 2018 BCSC 487 is a decision that granted leave under section 151 of WESA for the residual beneficiary, the University of British Columbia, to commence an action in the name and on behalf of the executor of the estate of the deceased…. Read more

Money Paid By Mistake (Money Had and Received) | Disinherited

Money Paid By Mistake (Money Had and Received)

Newman v Beta Maritime Ltd 2018 BCSC 1442 discussed the situation where money “had and received” is a cause of action which is available where money was paid by mistake, acquired by way of fraud or paid under duress. The issue of the law relating… Read more

Rebutting the Presumption of Resulting Trust For Gratuitous Transfers

Rebutting the Presumption of Resulting Trust For Gratuitous Transfers

Rebutting the presumption of a resulting trust for the gratuitous transfer of property was discussed in Wong v Huang 2012 BCSC 975 and Frischnecht v Nowak 2018 BCSC 1430. In both cases the court reviewed the relevant authorities and found that the transfers of property… Read more

Probate Fees and Capital Gains Taxes | Disinherited Vancouver

Probate Fees and Capital Gains Taxes

Re the Estate of Wilma Bouma 2018 BCSC 1466 involved in application brought by the administrator of the estate of the deceased for an order pursuant to section 2(4) of the Probate Fee act to increase the declared value as of death from $211,300-$315,000. The… Read more

Loan or Gift Amongst Families | Disinherited Vancouver Estate Litigation

Loan or Gift Amongst Families

Zellweger v Zellweger 2018 BCSC 1227 discussed inter alia the criteria for determining if monies advanced within the family context are a loan or a gift. Zellweger cited Byrne v Byrne 2015 BCSC 318 at para. 43 in which the court sets out the relevant… Read more

S.46 WESA: Priorities of Distribution When Gifts Fail | Disinherited

S.46 WESA: Priorities of Distribution When Gifts Fail

Terezakis Estate 2018 BCSC 805 discusses section 46 of WESA relating to an interpretation of the residue of a will that dealt with its interpretation with respect to two of five children who had predeceased the will maker. The two children who had predeceased the… Read more

Security For Costs Applications

Security For Costs Applications

Parmar v. Timothy Hunstsman Law Corp. 2018 BCSC 1151 involved a successful application by the defendant that the plaintiff post security for costs for the court action brought by the plaintiff, who lived in Illinois and had no assets in the province of British Columbia…. Read more

Admissible Extrinsic Evidence in S. 58 WESA Applications | Disinherited

Admissible Extrinsic Evidence In S. 58 WESA Applications

Admissible extrinsic evidence in S 58 WESA applications to “ cure” defective wills was discussed in Re Mace Estate 2018 BCSC 1284. In short, the ordinary rules of admissibility apply. Ordinarily, evidence must be relevant to a live issue and not be subject to exclusion… Read more

Admissions and Notices to Admit

Admissions and Notices to Admit are covered by rule 7-7 of the Rules of Court. A Notice to Admit is a very powerful and useful tool in civil litigation. Rule 7-7(1) relates to Notices to Admit and states as follows: 1) in an action which… Read more

Judicial Recusal | Disinherited Estate Litigation Vancouver

Judicial Recusal

The issue of judicial recusal recently made the British Columbia media when a provincial court judge appeared to have shed tears while hearing a victim impact statement prior to sentencing the accused.The defense counsel made a motion for the judge to recuse herself, which she… Read more

Production of Documents: Court Ordered Affidavit to Verify | Disinherited

Production of Documents: Court Ordered Affidavit to Verify

Grandmaison v Berkenbos 2018 BCSC 1329 reviewed the law relating to when a court will order an affidavit to verify the legal test for the court to order an affidavit verifying the production of a list of documents. The trial lasted 165 days, and involved… Read more

S. 58 WESA Refused to Cure Unsigned Will | Disinherited Vancouver

S. 58 WESA Refused to Cure Unsigned Will

In Poulk Estate 2018 BCSC 1321 the court declined to “cure” and last unsigned will and testament under the provisions of section 58 WESA. The case does not stand for the proposition that under WESA and unsigned will cannot be cured under section 58. It… Read more

No Ademption of Gift in Will | Disinherited Vancouver Estate Litigation

No Ademption of Gift in Will

Re Wood Estate 2004 BCCA 556 at para. 1 describes the doctrine of ademption as “ a rule of the law of wills, whereby a specific bequests “adeems” or fails, if at the testator’s death the specified property is not found among his or her… Read more

Duties and Liabilities of an Executor / Trustee | Disinherited Estate Litigation

Duties and Liabilities of Executors / Trustees

The duties and potential liabilities for executor/trustees can be onerous and personally risky if not properly carried out. It is extremely important that the testator’s choice of his or her executor be given serious consideration. The attending notary or solicitor must remember that most clients… Read more