Cross Examination On An Affidavit | Disinherited Vancouver Estate Litigator

Cross Examination On An Affidavit

In HMB Holdings Ltd v Replay Resorts Inc 2018 BCCA 263 the BC Court of Appeal reviewed the law relating to cross examination on an affidavit. The authority to order cross examination on an affidavit is found in Rule 22-1( 4)(a) of the Supreme Court… Read more

What Constitutes Practicing Law | Disinherited Vancouver Estate Litigation

What Constitutes Practicing Law

Vogt v Scott 2015 BCSC 1725 reviews the essential elements of what constitutes the practice of law, as defined by the Legal Professions act. There has been much discussion recently in the United States as to whether Michael Cohen was acting as President Trumps lawyer… Read more

Revocation of a Grant of Probate | Disinherited Vancouver Estate Litigation

Revocation of a Grant of Probate

The leading case in British Columbia on the revocation of a grant of probate is Desbiens v Smith Estate 2010 BCCA 394 . That decision was decided on the basis of improper service of the application for the grant of probate under what was then… Read more

Implied Waiver of Solicitor Client Privilege Restricted | Disinherited

Implied Waiver of Solicitor Client Privilege Restricted

HMB Holding Ltd v Replay Resorts Inc 2018 BCCA 263 reviewed the law relating to implied waiver of solicitor client privilege and restricted it’s application. Communications with respect to legal advice between a lawyer and the client is generally speaking a near absolute protection that… Read more

25 Tips for Drafting a Will | Disinherited Estate Litigation Vancouver

25 Will Drafting Tips

1. Take your time. Be cautious. Seriously consider charging your actual time on a Wills file. If your client objects, then educate the client about the amount of time needed to prepare a Will so as to ensure that the client’s lifetime accumulated wealth will… Read more

Executor Denied Remuneration For Critical Behaviour

Executor Denied Remuneration For Critical Behavior

Re the Estate of Lillian Lowe 2002 BCSC 813 is an example of where the executors claim for fees was denied entirely by the court for inter alia her critical failure to supervise the professionals that she retained. The general principles relating to remuneration of… Read more

Loan or Gift In the Family Context?

Loan or Gift In the Family Context?

It is often very difficult to distinguish between loans and gifts in the family context. This has become a particularly common problem in recent years with the dramatic increase in the value of properties, and parents attempting to this assist their child and partner in… Read more

Subject to Financing Conditions

Subject to Financing Conditions

The BC Court of Appeal upheld the trial judge in Gordon Nelson Inc v Cameron 2018 BCCA 304 when it refused to imply a term in a real estate contract that the purchaser use “best efforts” to find suitable financing to remove the condition for… Read more

Executor Remuneration | Disinherited Estate Litigation Vancouver

Executor Remuneration

Re Mikaloff 2018 BCSC 756 reviews the criteria relating to the appropriate amount of executor remuneration on a passing of accounts application. The deceased died in 2015 and directed that her will be distributed among nine beneficiaries equally. The main asset was a Vancouver home,… Read more

Court Ordered Interim Distribution in Wills Variation Claims

Court Ordered Interim Distribution in Wills Variation Claims

There is both court authority and statutory authority allowing the court to exercise its discretion to release a part of the testator’s estate as an interim distribution in a wills variation action. Section 66 WESA allows the court the power to release a part of… Read more

Executor/Trustee Removal: The Law Summarized

Executor/Trustee Removal: The Law Summarized

1. Feeney’s The Canadian Law of Wills, 4th ed. (Markham: LexisNexis, 2000) at 8.17 states: An executor has a duty to settle the affairs of the estate and to distribute in accordance with the terms of the Will. A power granted to an executor exists… Read more

Apportioning Court Costs | Disinherited Vancouver Estate Litigation

Apportioning Court Costs

PKMB v DHL 2018 BCSC 1039 dealt with the apportionment of court costs where both the plaintiff and the defendant achieved some success. Rule 14 –1 ( 15) permits the court to award costs: The court may award costs of a proceeding that relate to… Read more

S.58 WESA Does Not Apply to Wills With "Pour Over" Revocable Trusts

S.58 WESA Does Not Apply to Wills With “Pour Over” Revocable Trusts

Re Quinn Estate 2018 BCSC 365 held that the curative provisions of section 58 WESA did not apply to a will, with a ”pour over” clause that created revocable and amendable trusts. Mr. Quinn was a well know when general manager in the National Hockey… Read more

S. 52 WESA and Rebutting the Presumption of Undue Influence In Wills

S. 52 WESA and Rebutting the Presumption of Undue Influence

Ali v Walters Estate 2018 BCSC 1032 reviews the law relating to rebutting the presumption of undue influence in regard to a will as dealt with in S.52 of WESA that creates such a presumption and specifies who bears the burden of proof. S 52… Read more

Divorcee Lacks Standing to Contest Deceased Former Husband's Will

Divorcee Lacks Standing to Contest Deceased Former Husband’s Will

In Carswell v Engle Estate 2018 BCCA 164 the Court of Appeal confirmed that a divorced widow did not have legal standing to apply to vary her former deceased spouse’s will and challenge its validity. The court held that she was clearly not a spouse… Read more