Parent Money to Children – Gift or Loan?

http://www.courts.gov.bc.ca/jdb-txt/sc/17/03/2017BCSC0319.htm Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem- the advancement of large sums of parents money to their children and the subsequent determination whether  the monies were a gift or a loan when matters go ” sideways”. The court will look… Read more

Wills Variance and the Estranged Child

J.R.v J.D.M. 2016 BCSC 2265 discusses in great detail the law and related facts of the case in a wills variance case brought by the  estranged child of the deceased. No explanation was left by the deceased for the disinheritance other than the notaries notes that he… Read more

Wills Variation – Court Criteria Between Disinherited Adult Children and Second Spouses

R. (J.) v M. (JD) 2016 BCSC 2265 summarized the court criteria will consider when deciding the competing moral claim of a disinherited  adult independent child  and a second spouse who inherited  the entire estate. The adult child had been disinherited and had been estranged from… Read more

Will In “Contemplation of Marriage” Not Revoked

Will In “Contemplation of Marriage” Not Revoked: Pace Estate 2016 BCSC 2306 held that a 2001 will left to “my common law spouse  of four years ” was not revoked by their subsequent marriage under what was then S 15 Wills Act that provided that… Read more

Statute Barred Debt to Estate Deducted From Beneficiary

Statute Barred Debt: Re Johnston Estate 2017 BCSC 272 upheld the rule in Cherry v. Boultbee  which provides that where a legatee of a share of the residue is a debtor of the estate, he or she is not entitled to receive his or her… Read more

Occupational Rent and “Outsted”

At common laws a claim for occupational rent can be brought where one owner is ousted from the property by another owner  Re Johnston estate 2017 BCSC 272 where the court stated: At common law, a claim for occupation rent may be brought by a… Read more

The Various Types of Trusts

Warde v Slater 2017 BCSC 274 contains a discussion about the various types of trusts in deciding who owned the beneficial interest in the shares of a family business. The decision quotes extensively from Waters on Trusts In Canada.   It is helpful to refer… Read more

Disinternment aka Exhumation

Disinternment , also known as exhumation of human remains is provided in the provision of the Cremation, Internment and Funeral Services Act SBC 1974. At common law a duty is imposed upon an executor to see that the deceased is buried in a manner befitting his… Read more

The Duty of Care Owed By a Will Drafter

In Korpiel v Sanguinetti (1999) B.C.J. 1048 the court concluded that a will drafter, usually a solicitor or notary, owes no duty of care to beneficiaries beyond the competent and timely fulfillment of the testator’s testamentary instructions.   In the Sanguinetti case, the court considered… Read more

Dysfunctional Families – Emotional Manipulation

  Emotional manipulation refers to the attempt to  indirectly or directly influence or control someone else’s behavior or actions, and is commonly found in dysfunctional families. In estate litigation, I commonly hear my clients complain of being subjected to various forms of psychological manipulation, particularly… Read more

Non Binding (Precatory) Words In Will Not a Trust

Non Binding ( Precatory)  words in a will were found not to create a trust that was legally binding on the trustee, but instead that the words were non binding ( precatory) and thus only morally binding an thus an outright bequest.   Killam v… Read more

Striking Out a Court Pleading

A court pleading may be struck out by the Court pursuant to Rule 9-5 ( 1) which states: 1) At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of pleading, petition or other document… Read more

Mental Incompetency and the Patient’s Property Act

Re Silkstrom 2017 BCSC 206 involved a contested application under the Patient’s Property Act to be appointed the committee of the person of an elderly mental incompetency patient. A Trust company had earlier been appointed to manage the elderly woman’s  financial affairs pursuant to a Power… Read more

Obituaries

Obituaries are news article that report the recent death of a person that typically accounts for the person’s life, family members, glowing tributes , noteworthy achievements  and   information about an upcoming funeral service. It could be said that the main purpose of an  obituary is  to honour and… Read more

Severance of Court Actions Upheld On Appeal

The Court of Appeal in Johnston v Johnston Estate 2017 BCCA 59 upheld the trial decision found at 2016 BCSC 1388 where an action seeking that a will was invalid, or alternatively if it was valid it should be varied under the wills variation provisions… Read more