The Medical Profession Is Woefully Unprepared to Assess Mental Capacity

The test for mental capacity to prepare a will is a legal test and not a medical one, although the court will always be interested in the opinion of the medical practitioners, particularly those who were treating the deceased. Accordingly, family doctors have been occasionally… Read more

More Women and Minorities Need to Be Appointed Judges

Disinherited.com wholeheartedly endorses the recent article in the Vancouver Sun on October 22, 2012 co -written by Marjorie Griffin Cohen and retired former Justice Donna Martinson. There simply needs to be more women and minorities appointed as Federal Court appointed Judges to the BC  Supreme… Read more

Family Laws and Estate Planning Laws May Clash

Family Laws and Estate Planning Laws May Clash The laws relating to family law and estate planning are intersecting and clashing more and more often. Until recent years, an entirely different approach was taken by the “Probate Courts” and their estate related actions, and the… Read more

Botswana Courts Grant Women Inheritance Rights For First Time

Periodically disinherited.com   republishes  an international  news story relating to inheritance laws. While almost everywhere  in the world lacks the Wills Variation act that British Columbia and New Zealand enjoy, it is gratifying to  see the rights of  disinherited spouses anad children expanding throughout the world, slowly by… Read more

Court Orders Life Support Of Infant Be Withdrawn

An Alberta Curt ordered that life support be withdrawn of an irreversibly  critically ill infant. Alberta Appeal Court (Child, Youth and Family Enhancement Act, Director) v D. L. 2012 ABCA 275 and 2012 ABQB 562.   “Right to die”, and “pull the plug” cases are… Read more

When Interpretting Wills, The Courts Have a Strong Presumption Against Intestacies

Young v Abercrombie 2008 BCSC 389 involved an estate dispute relating to a conflict between the wording of the deceased’s will and the subsequent codicil to the will. Donald William Abercrombie (“Donald”) died on December 16, 2005, leaving a will executed on November 19, 1981,… Read more

Executors of Deceased Substituted For Deceased

Executors of Deceased Substituted For the Deceased In Court Action Dicken Mechanical Ltd v Nohels Group Inc 2012 BCSC 917 is a good example of the process that the Rules of Court have established to deal with the situation where  one a party dies and how his… Read more

Debt to Estate Survives Bankruptcy Due to Breach of Fiduciary Duty

Debt to Estate Survives Due to Breach of Fiduciary Duty Kingston Estate v. Charrette(2011), 2011 ONSC 7126, 2011 CarswellOnt 14834(Ont. S.C.J.) was in favour of the Estate Trustee/Plaintiff and held that the Defendants, the Charrettes, had not been given a gift of $25,000 by the… Read more

Top Court Allows Plaintiff Teen In Defamation Suit To Remain Anonymous

Early this week disinherited.com blogged about the willingness of the courts to protect the privacy of various litigants under certain circumstances. The Supreme Court of Canada ruled on such an important issue today in a land mark decision  A.B v Bragg Communications Inc 2012 SCC… Read more

Free Yourself From Narcissistic Parenting

Narcissistic Parenting I frequently encounter the disinherited victims of a deceased parent , and after a few minutes of questioning, it is easy for me to determine that the deceased likely suffered from a Narcissistic Personality Disorder. I have blogged on the topic before and will undoubtedly… Read more

BC Appeal Court in 1985 Rules Names of Innocent May Be Protected From The Praying Public

BC Appeal Court Hirt v College of Physicians and Surgeons ( British Columbia) BCCA ( 1985) 3 WWR 350 was one of the first BC appeal court decisions, if not the first, to hold that the infringement of the right of the public to freedom… Read more

Beneficiary Who Prepared Will Has Heavy Burden

Beneficiary Who Prepared Will and Substantially Benefits has a very heavy burden of proof Cooke v Walsh 1965 (52) WWR 449 is a chestnut of a decision by former Chief Justice Wilson that deserves comment  even 37 years later. The deceased made a will shortly… Read more

Mom Always Liked You Best

It still cracks me up to visualize the cover of 1965 Smothers Brothers 8th comedy album ” Mom Always Liked You Best.” The cover photograph shows Dick surrounded by a dog, a wagon, a scooter and many other toys while Tom is sitting there with just… Read more

The Doctrine of Knowing Receipt of Trust Assets

The doctrine of knowing receipt of trust assets is a principle of law that governs situations when a third party receives a trust property that itself has been realized through a  breach of  trust.  Simply put, a party cannot, with knowledge of a trust, receive trust property… Read more

Court Rectifies Will By Deleting Words

Court Rectifies Will ( see Blog Dated March 24,2014 for the WESA update on the courts expanded powers to interpret wills) Verity Estate v Fedorek 2012 BCSC 650 involves a successful application brought by the executor of the deceased to rectify the last will of… Read more