Spouse Not A Creditor Under Fraudulent Conveyance Act Unless Separated At Death

Fraudulent Conveyance Act and Spouses Mawdsley v Meshen 2012 BCCA 91 is a case where  the husband  contested the BC will of his wife under the Wills Variation act of British Columbia. In particular, he attempted to have various estate planning steps taken by his deceased wife… Read more

Agreements Not to Revoke a Will

Binding Agreement Not to Revoke Will Kayne v Wright et al  2012 BCSC 119 is an excellent example of “mutual wills” which on occasion arise in estate litigation disputes. The general principle in law is that a will is always revocable. Most married couples execute… Read more

Witnesses Testify at Trial By Video Conference

Witnesses may testify in court proceedings by video conference. Disinherited.com recently had clients living in Australia who had an estate dispute here in British Columbia. When it came time for the opposing counsel to ask the plaintiff’s pretrial questions under oath, such as in a… Read more

Mental capacity 2

Court Ordered Medical Examinations

Temoin v Temoin 2011 BCSC 1727 concerned the mental incompetency of an 87-year-old wealthy businessman and a court order sought to have him medically examined. The businessman’s daughter commenced and incompetence proceeding stemming from her discontent with changes made by her father to his will… Read more

Lawyers Risk Much When Taking Contingency Fee Cases

Contingency Fee Cases Are Risky for the Lawyer, with  very Little risk for the Client. Contingency fee agreements with  a lawyer where the lawyer only earns a fee based on assets recovered, is commonly known as ” the poor man’s key to the court room“. The… Read more

Presumption of Undue Influence Can Apply to Parent/Adult Children Relationships

Presumption of Undue Influence There are many court cases that define undue influence, and most state something to the effect that the influence must overbear the will of the person influenced so that in truth what she or he does is not his or her… Read more

Wills Variation Claim Won By 91 Year Old Spouse

Wills Variation Claim Won By 91 Year Old Surviving Spouse Mars v Bain Estate 2011 BCSC 1714 involves a claim brought by a 91-year-old female spouse who had lived in a marriage like relationship with the deceased for the last nine years of his life…. Read more

Executor Must Remain Neutral In Estate Litigation

Estate Litigation Ketcham v Walton 2012 BCSC 175 involved an application by the executor for directions pursuant to section 86 of the Trustee act for an order authorizing the executor to follow the provisions of the deceased’s  last will to defend any wills variation action… Read more

Will Varied To Provide Equal Share to Disinherited Gay Child

Disinherited Homosexual Children and the Wills Variation act I came across the decision  Patterson v. Lauritsen (1984) 6 WWR 329, and was pleasantly surprised to learn that as” far back” as 1984, the BCSC varied a will to provide an equal share to a disinherited… Read more

How To Value Life Estates Land

Life Estates Land Life estates, also known as life interests, are a well-established part of estate planning. The owner of a life estate (“the life tenant”) has the right to occupy, use and deal with real and/or personal property for his or her lifetime. When… Read more

Son Wins Wills Variation For Marrying Spouse Whose Race Mother Disapproved

Son Wins Wills Variation For Marrying Spouse Lowres v Lowres 17 ETR 281, is another wills variation case from 1984 that is still very much the current and applicable law in British Columbia today. It relates  to an adult child independent  child contesting a will in BC… Read more

The Top Five Reasons Why Families Fight Over Inheritances

Why Families Fight Over Inheritances? In “Blood and Money: Why Families Fight Over Inheritances and What to Do About It, “author Mark Accettura draws on his experience of 30 years of research in the fields of evolutionary psychology, gerontology, psychiatry, Gen. psychology and neuropsychology into… Read more

executor fees reduced

Executors Fee Slashed By Court For Mis-Management of Estate

Executors Fee Slashed By Court Re Stolarchuk Estate 2011 BCSC 1681 discusses the various principles involved in the calculation of an appropriate remuneration for an executor who mismanaged the estate assets. The deceased died in October 2004 leaving his estate consisting primarily of her house… Read more

Enduring Powers of Attorney Now Have New Teeth

Following years of consultation, an amended Power of Attorney Act  came into effect on September 1, 2011, and now has “some teeth” in enduring powers of attorney. This new Act brings important changes to the law governing enduring powers of attorney (“EPOA”) i.e.  those which… Read more

Who Are Your “Nieces & Nephews”?

Will Construction re Nieces and Nephews Re Holmes Estate 2007 BCSC 51,  involved a childless testator who was predeceased by his wife . His will provided in part that residue of his estate be “paid and transferred over to all my nieces and nephews” He had eleven… Read more