Unsigned Draft Will Refused Probate

The only thing surprising about this decision from a British Columbia perspective is that it actually proceeded to court. The solicitor prepared the draft will and advised the deceased in writing that she was to make an appointment to come in and sign it. The… Read more

Words “Born After” Interpreted

“Born After” Interpreted in Two Express Trusts Turk v Turk 2011 ONSC 6497 dealt with the various rules of construction and interpretation of the words“born after the date of the settlement” that were used in to family trust settled by a grandmother in 1992 and… Read more

Resulting and Constructive Trust Claims Dismissed

Both the plaintiff’s claims of resulting trust and constructive trust( unjust enrichment), were dismissed in Chambers v Chambers 2012 BCSC 88 The facts of Chambers were blogged yesterday, as was the younger brother’s claim for an express trust, also dismissed. Todays blog centres around the plaintiff’s… Read more

What Is an Express Trust?

What Is an Express Trust? Chambers v Chambers 2012 BCSC 81 involves  litigation between a 90-year-old brother and his younger 79-year-old brother regarding the percentage of ownership in a house that the older brother  (A)  purchased so that the younger brother ( B)  could live in…. Read more

Body Snatching Has A Long History

American news this week reported that a woman’s body had been stolen from her grave 16 years after she had been laid to rest in a New Jersey cemetery. She had been 98 when she had been entombed inside a family mausoleum alongside four other family… Read more

Precatory Words Are Not Binding In Wills and Trusts

  In the law of wills and trusts, precatory words have been defined as words of wish, hope, desire or entreaty accompanying a gift, that the done will dispose of property in some particular way, which may show that a trust was intended.” [At para…. Read more

Severance of Joint Tenancy By Power of Attorney Upheld

Severance of Joint Tenancy by a Power of Attorney Upheld   Houston v Houston Estate 2012 BCCA 300 upheld the severance of the joint tenancy through the use of a power of attorney despite the fact that the attorney. stood to gain financially in a… Read more

What Is a Power of Attorney and How Do They Work?

    What Is a Power of Attorney?( POA) The BC Court of Appeal decision in Houston Estate v Houston 2012 BCCA 300 raises a few very good legal issues relating to Powers of Attorneys. Disinherited.com will blog further about this appeal case, but for… Read more

The Narcissistic Personality Disorder In Estate Litigation

  Repeated With The Permission of Peter Bloch  From His Blog response to our blog entitled “Personality Disorders In Estate Litigation” “I found this article very interesting and also very much in line with my own experience working with people who involved in serious family disputes… Read more

Must Have Legal Claim Before Death, Before It is Fraudulent Conveyance re Wills Variation Act

Legal Claim Before Death Todays case discussion is Hossay v Newman 1998 BCJ 3289 The plaintiff was adult son of the testator. The Testator placed his major assets in joint tenancy with one of defendants shortly before his death with result that assets passed to… Read more

“Where There Is a Will, I Want To Be In It”- But Can I Say No?

“Where there is a will, I want to be in it” is one of the great   PARAPROSDOKIAN in the English language. A PARAPROSDOKIAN is a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected in a way that… Read more

Objections to Hearsay Evidence Often Denied In Estate Litigation

The Manitoba case of  Young v Paille 2012 CarswellMan 12  is a good example of how far the courts are prepared to go to allow hearsay evidence to be admitted in most estate litigation cases where it is the best evidence available. (Disinherited.com has previously… Read more

Ademption – Testator Must Own the Specific Gift At Death Or the Gift Fails

The law relating to ademption applies when a particular item in a will is described with such specificity that it is clearly distinguished from other property owned by the deceased. If that specific property is not found among the testator’s assets after death, the gift… Read more

Holograph Wills Not Valid In British Columbia (BC)

Please note that since the date of this original blog, the curative provisions of s 58 of WESA may have altered the law relating to the topic of holograph wills. Holograph wills are ones that is entirely written and signed by the testator, but does not have the… Read more

“Reading of the Will” Only takes Place in Movies and Cartoons

We have all seen movies, television shows, and cartoons that depict anxiety ridden prospective beneficiaries typically gathered in a dark paneled lawyer’s office for the so-called “reading of the will”, usually by the lawyer. In 38 years of practice, disinherited.com has  done this once, and only… Read more