May 19th | 2011
Seminar Testimonial re Trevor Todd Speech On May 19, Trevor Todd presented a seminar on disinheritance issues to 200 Realtors on the West side of Vancouver. One of the attendees summarized many of the matters that Trevor touched on. He sent it to Trevor for review… Read more
May 17th | 2011
Will Admitted to Probate In Jorsvik Estate, Re 2011 BCSC 528 ,after the testatrix’s death, her daughter found her torn up will at the care center where her step father had resided for the previous several years.
May 12th | 2011
Unjust Enrichment Equals Fairness Unjust enrichment is a legal doctrine based on the general equitable principal that no one should be allowed to profit at another’s expense. In other words, a person should pay for the reasonable value of any benefits, whether property or services,… Read more
Reasons For Disinheriting Daughter not Accurate or Rational – Daughter Awarded 40% of Estate Under Wills Variation
May 9th | 2011
Reasons For Disinheriting Daughter Todd v MacDonald Estate 2009 BCSC 677 is an example of a wills variation claim that succeeded, on the basis that the court found that the testator’s reasons for disinheriting her daughter, were not accurate nor rational.
May 8th | 2011
Disinherited.com is pleased to announce that an updated version of one of our most read and significant articles, “The Wills Variation Act- The Basics” has now been revised. Judith Milliken QC has done an excellent job of editing and revising this important article.
April 30th | 2011
Sibling’s Claim of Undue Influence Dismissed Calbrick v Wolgram Estate 2009 BCSC 1222 is an unfortunate example of a fact pattern that occurs all too often in estate litigation. Basically, one sibling alleged his sister obtained substantial gifts from their mother using undue influence, and… Read more
Legal Obligation Owed to Spouse and Infant Children Take Precedence Over Wills Variation Claims by Adult Children
April 28th | 2011
In wills variation litigation, it is quite common for spouses, infant children, and adult children, to have conflicting claims against the other. Generally speaking, claims based on legal obligations, such as those owed by a testator to spouses and minor children, will take precedence over moral… Read more
April 25th | 2011
Maliwat v. Gagne 2009 BCSC 1447 is perhaps a typical, if there is such thing in estate litigation, case of an advanced demented senior signing a will late in life, that is subsequently overturned for lack of mental capacity.
April 23rd | 2011
Cameron, as administrator of the Estate of Sophia Ewachniuk v Ewachniuk 2011 BCSC 395 is the fascinating sequel of disbarred lawyer Ted Ewachniuk’s continued litigation with his two sisters. In a previous trial involving the same parties , Hix v Ewachniuk 2008 BCSC 811, affirmed… Read more
April 19th | 2011
A Beacon of Hope Did you know that of all women called to the bar in 2003, only 66 percent retained practising status in 2008 in comparison with 80 percent of men called in the same year? Did you know the trend in BC is… Read more
Transfers Set Aside as Fraudulent Conveyances – Daughter Awarded 25% of Parents Estate for Unjust Enrichment
April 17th | 2011
Antrobus v Antrobus 2009 BCSC 1341 is an excellent example of where the courts will set aside transfers that were made to defeat legal claims as fraudulent conveyances. The plaintiff was aged 59 at trial. She had became a “child homemaker” at her parents behest.
April 14th | 2011
Brown v. Wisted Estate 2010 BCSC 1890 involves a wills variation action brought by 2 of the deceased’s 7 surviving abandoned children, against one other sibling, who inherited everything from their mother. The deceased abandoned her 7 children in New Brunswick and move to British… Read more
April 12th | 2011
Mr. Justice Butler in Levi-Bandel v. Talesiesin Estate 2011 BCSC 247 ordered the removal one of two co-executor/trustees, where a deadlock had existed between them. The administration of the estate had ground to a standstill for the previous two years.
April 10th | 2011
The BC Court of Appeal in Picketts v Hall 2009 BCCA 329 significantly overturned the trial judge’s decision relating to a 21 year long commonlaw marriage. The deceased was a wealthy man who left an estate of more than $18 million.
April 5th | 2011
Elderly Wife in Short Marriage Awarded 36% of Husband’s Estate Miller v Miller Estate 2011 BCSC 29, involves a successful claim brought by an 86-year-old surviving spouse, who had few assets and a limited income when she married the testator in 2005. On his death… Read more