Court Orders Property Sold

A court may order co owned property sold and stipulate the terms of the sale, especially when one owner is unreasonable. I have previously blogged about the case of Mondonese v Delac Estates at both the trial and appeal levels. The Court had found that… Read more

Mom always loved you best

Mom Always Loved YOU Best is an expression that many boomers grew up with.   The Smothers Brothers said it every show.   Trevor Todd of disinherited.com has a sticker with the expression on the back of his Smart car, and frequently notices other driver’s… Read more

Undue Influence General Principles

Undue Influence General Principles, When clients approach disinherited.com with respect to suspicions that undue influence was exerted upon the deceased, I am mindful of two conflicting principles: 1. in my in my experience, “where there is smoke there is fire”, so their suspicions are probably… Read more

Presumption of Resulting Trust Applies to Transfer of Land

Until recently there had been some questions in BC estate litigation as to whether or not the presumption of resulting trust applies to gratuitous transfers of real property, in light of the provisions of the Land Title Act, section 31 that provides that under the… Read more

Credibility – Who Does the Judge Believe?

Credibility-Who Does the Judge Believe? One of my favourite observations about estate litigation, is that invariably, the opposing parties tell such diverging and completely contrary stories from the other, that I often think I am in the wrong court room conducting the wrong trial. IN that… Read more

BC Will Contested For Interpretation of Its Meaning

Re Brookes estate 2011 BCSC 1606 involves a hand written half page  BC will, in  which the testator   appointed his brother as executor and provided: ” I leave my property  ( address stated) to my brother executor with power of attorney. Also my accounts at Royal Bank… Read more

Injunctions When Contesting a Will or Estate

Injunctions It is  common in estate litigation for one party  to obtain a court order enjoining the other party to either do something, or alternatively be restrained from not doing something. Typically the injunction may involve the freezing of bank accounts and stock portfolios and other… Read more

Spouse Not A Creditor Under Fraudulent Conveyance Act Unless Separated At Death

Fraudulent Conveyance Act and Spouses Mawdsley v Meshen 2012 BCCA 91 is a case where  the husband  contested the BC will of his wife under the Wills Variation act of British Columbia. In particular, he attempted to have various estate planning steps taken by his deceased wife… Read more

Agreements Not to Revoke a Will

Binding Agreement Not to Revoke Will Kayne v Wright et al  2012 BCSC 119 is an excellent example of “mutual wills” which on occasion arise in estate litigation disputes. The general principle in law is that a will is always revocable. Most married couples execute… Read more

Witnesses Testify at Trial By Video Conference

Witnesses may testify in court proceedings by video conference. Disinherited.com recently had clients living in Australia who had an estate dispute here in British Columbia. When it came time for the opposing counsel to ask the plaintiff’s pretrial questions under oath, such as in a… Read more

Incompetence Proceedings and Jurisdiction of Court to Order Proposed Patient to Be Medically Examined

Incompetence Proceedings and Jurisdiction of Court Temoin v Temoin 2011 BCSC 1727 concerned the mental incompetency of an 87-year-old wealthy businessman. The businessman’s daughter commenced and incompetence proceeding stemming from her discontent with changes made by her father to his will and estate plan. She… Read more

Lawyers Risk Much When Taking Contingency Fee Cases

Contingency Fee Cases Are Risky for the Lawyer, with  very Little risk for the Client. Contingency fee agreements with  a lawyer where the lawyer only earns a fee based on assets recovered, is commonly known as ” the poor man’s key to the court room“. The… Read more

Presumption of Undue Influence Can Apply to Parent/Adult Children Relationships

Presumption of Undue Influence There are many court cases that define undue influence, and most state something to the effect that the influence must overbear the will of the person influenced so that in truth what she or he does is not his or her… Read more

Wills Variation Claim Won By 91 Year Old Spouse

Wills Variation Claim Won By 91 Year Old Surviving Spouse Mars v Bain Estate 2011 BCSC 1714 involves a claim brought by a 91-year-old female spouse who had lived in a marriage like relationship with the deceased for the last nine years of his life…. Read more

Executor Must Remain Neutral In Estate Litigation

Estate Litigation Ketcham v Walton 2012 BCSC 175 involved an application by the executor for directions pursuant to section 86 of the Trustee act for an order authorizing the executor to follow the provisions of the deceased’s  last will to defend any wills variation action… Read more