A Fiduciaries Duty Of Trust and Loyalty

Fiduciaries duty is a persons in a position of trust, ranging from doctors, lawyers, accountants, to financial advisors and many others in between. “Wilson J. offered some guidance on the subject of fiduciary relationships in the leading case of Frame v. Smith, [1987] 2 S.C.R. 99… Read more

What Does a Hotchpot Clause In a Will Mean?

Hotchpot clause has been around since at least the 12th Century, although Disinherited.com has seen fewer in more recent years than even 25 years ago. The purpose of such a clause in a will is to equalize the benefits that beneficiaries have or will receive, as… Read more

“Proprietary Estoppel” Can Be Used as a Cause of Action

The following extensive quote relating to the law of Proprietary Estoppel has been excerpted from the reason for judgement of Cowderoy v Sorkos Estate, 77 ETR (3d) 246, which was briefly blogged about on February 7.13 on this website.    P  68  “The modern doctrine… Read more

Every Court Worker Has Riotous Stories to Tell – Here Are a Few

Riotous Stories These extracts from a book called ‘Disorder in the American Courts’ are things people actually said in court, word for word. They were taken down and published by court reporters who had the torment of staying calm while the exchanges were taking place…. Read more

Claim For Property Promised Years Before Upheld

A Claim For Interest In Property Verbally Promised Years Before, Was Upheld By Court As  An Agreement Verbal promises to provide property years in the future, in return for services  for the life of the promissor, are increasingly common in estate litigation. Such arrangements, usually… Read more

Estate Funds Not to Be Used To Defend Wills Variation Claim ( S. 60 WESA)

Defendants may not use estate funds to defend their personal interests in wills variation cases ( now section 60 WESA) As plaintiff’s counsel, Steernberg v. Steernberg Estate (2007), 33 E.T.R. (3d) 78, 74 B.C.L.R. (4th) 126, 40 R.F.L. (6th) 106, 2007 BCSC 953, 2007 CarswellBC… Read more

Children Neglected When Young Held Not Liable To Support Mother

Adult Children Who Were Neglected When Young Held Not Liable To Support Manipulative Mother Anderson v Anderson, Doko and others 2013 BCSC 129 is sort of a “shoe on the other foot” vantage  from the usual case blogged by disinherited.com Here an elderly mother brought court… Read more

New Family Law Act Expected March 18,2013

New Family Law The Family Relations act will be replaced by the new Family Law act, on or about March 18 next.While disinherited.com does not venture into matrimonial disputes, the fact is that the laws of family and estates are increasingly becoming interwoven, and not… Read more

Aggressive Narcissism – There Is Only Win or Lose

Disinherited.com is indebted to the Atlantic magazine on this extraordinary article re aggressive personality disorder, that appears all too frequently in estate disputes. Regrettably, it is not considered a factor in determining mental capacity, but is simply a “personality disorder”. Aggressive Narcissism : Lance Armstrong… Read more

SEVERANCE OF JOINT TENANCIES BY A COURSE OF DEALING

SEVERANCE OF JOINT TENANCIES This article is an update on a recent development of the law in this area subsequent to the author’s previous article entitled “Severance of Joint Tenancies”, and located on disinherited.com.   Joint tenancy is a method in which two or more… Read more

The Ng End of Life Support Case

The NG End of Life Support Case – Trevor Todd Co counsel Article By Vancouver Sun Columnist Ian Mulgrew. The family of a Vancouver man who has languished in a vegetative state for seven years has lost its bid to keep him alive for pioneering brain… Read more

Conditional Gift In Will Found Invalid

A Conditional gift in will is surprisingly common, and depending on their particular proviso, the Court may or may not uphold the gift. The 1996 BC case of Unger v Gossen is a case where the conditional gift was found to be invalid.The testator in BC left… Read more

Billionaires Compete Re Huge Marriage Dowries For Daughters

Marriage dowries are largely unknown in Western societies, but still exist in  India and China. The marriage dowries have a long history and tradition, and involves the payment of money, goods, or estate that a bride brings with her into the marriage. The monies and such… Read more

Housekeeper and Staff of Aged Heiress Sued By Public Administrator For $44 Million In “Gifts” In NY

The lawsuit commenced in Manhattan this year concerning the estate of reclusive heiress Huguette Clark , has to be the years most sensational estate case, and thus appropriate for the last blog of the year. The claim is brought by 19 distant family members concerning… Read more

Joint Tenant Interest Set Aside For Unjust Enrichment

  Joint Tenant Interest Set Aside for Unjust Enrichment Reasons Just because a person is registered as a joint tenant in a parcel of property does not mean that the person actually has a beneficial Interest in and to the property, and joint tenancies can… Read more