Seminar Testimonial re Trevor Todd Speech

 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

Torn Up Will Admitted to Probate

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.

Unjust Enrichment Equals Fairness

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

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.

Basics of the Wills Variation Act 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.

Undue Influence Dismissed as Long Hostile Relationship Between Siblings

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

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

Demented Senior’s Will Set Aside For Lack of Capacity

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.

Disbarred Lawyer Loses Mother’s Estate Case

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

A Beacon of Hope in the Practice of Law

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

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.

Abandoned Children Win Wills Variation Action Based on Moral Obligation Owed by Deceased Mother

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

Court Removes One Co-Executor in Deadlock Between Two

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.

Surviving Spouse of 21 year commonlaw marriage awarded $5 million plus condo of $18 million estate

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.

Elderly Wife in Short Marriage Awarded 36% of Husband’s Estate

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