Secret Trusts: Is It An Overlooked Plaintiff’s Remedy?

This video is about secret trust. It firstly explains what a trust is and talks about the three necessities that are required to have valid trust. But it deals with what is called secret trust. I was counsel on the appeal of a decision called… Read more

Wealth Preservation

The concept of wealth preservation basically means that one heir is trying to pass his or her assets on to their heirs successfully without a challenge. The video is detailed. The article is detailed in the sense that five exhaustive areas of law are looked at…. Read more

Disappointed Beneficiaries? Sue the Lawyer

This video is about suing a lawyer for not properly preparing a will in a timely manner or in a proper manner so that there is, at the end of the day, what are known as a disappointed beneficiaries. This is someone who expected to… Read more

Dysfunctional Families and Becoming Disinherited

This video is about dysfunctional families. Chances are, if you’re watching this video or you have read the article called Dysfunctional Families on our website, then you’ll know a lot about this topic. However, many people that come in our office actually are absolutely amazed… Read more

Delusions and Testamentary Capacity – 4 Factors to Consider

This video is about delusions and testamentary capacity required to make a will. The leading decision of testamentary capacity is Banks versus Goodfellow from 1857 which held that in order to have valid capacity, a person must 1) know what a will is; 2) know what… Read more

What Happens When You Lose Your Will?

What happens when you lose your will? Many people, in fact, do. They might be hoarders or they might be very careful people but they don’t appreciate that that document that they signed many years ago and took home is perhaps the original of a… Read more

Mental Capacity and Marriage

This video is about capacity to marry. That’s mental capacity. We all know the story of Anna Nicole Smith and her love affair and marriage to the 94 year-old billionaire. After his untimely passing, there was years and years of litigation which centered on whether… Read more

Refusing Inheritance with Disclaimer

What disclaimer means is that if you inherit under a will, no one can force you to actually accept the inheritance. Now, why wouldn’t you want and accept an inheritance? But there are situations where it does exist. For example, in one particular case, a… Read more

When is Cy-Pres Doctrine Used in Vancouver?

What Cy-Pres Doctrine means is that the courts will try and find a general testamentary intentioned to benefit a charity. If that charity has been misdescribed in your will, the courts will try and find another charity of a similar fashion and intention to instead… Read more

Using DNA in Vancouver Estate Litigation for Proof of Paternity

DNA in British Columbia estate litigation is widely used and it is readily accepted by the courts as proof of paternity in particular. The first time I used DNA was in approximately 1991 when somebody committed suicide off a ferry. Their body was never found. A… Read more

Obligations of a Power of Attorney

Obligations of a Power of Attorney

The Manitoba Supreme Court in Krawchuk v Krawchuk 2017 MBQB 47 outlined the legal obligations  of a power of attorney. Manitoba’s laws for powers of attorneys are essentially the same as for British Columbia. The Court stated inter alia as follows: 18      The applicable law with… Read more

Partition of Property Orders

Partition of Property Orders in Joint Tenancy Agreements

Whether property be owned as tenants in common, or as joint tenants, if the parties cannot agree on the sale of the property, the BC Court has the power to do so under the provisions of the Partition of Property Act RSBC. This blog sets… Read more

Determining Legal Fees When No Retainer Agreement is Present

Determining Legal Fees When No Retainer Agreement is Present

If a lawyer does not have a contingency fee agreement or retainer agreement then the courts will use various criteria to determine the appropriateness of the legal fees based on quantum meruit (a reasonable fee for services rendered). One of the chestnuts in this area of… Read more

Appointing and Removing a Litigation Guardian

Appointing and Removing a Litigation Guardian

Under Supreme Court Rule 20 – 2 (2) a proceeding brought by or against a person under a legal disability must be started or defended by his or her litigation Guardian. A person is typically under a legal disability when under the age of 19… Read more

Intention to Gift: The Legal Requirements

Intention to Gift: The Legal Requirements

A gift requires three elements  to be legally effected, namely an intention to donate, an acceptance of the gift, and delivery of the gift. All three elements must be present for the gift to be complete, and it is then irrevocable. The gift is the… Read more