Compensation For Executors and Trustees in British Columbia

Compensation For Executors and Trustees in BC Many issues in estate litigation arise that pertain to the appropriate amount of compensation for executors and trustees. The first place to start for the answer is the Trustee Act of British Columbia. If the will or trust… Read more

BC Appeals Court Upholds Dismissal of Estranged Son’s Wills Variation Claim

The BC Appeals Court  in Hall v Hall 2011 BCCA 354 upheld the dismissal of an adult sons Wills Variation action where the trial judge had found the plaintiff had rejected his mother and the rest of his family many years before.

Court Declines to Expand Definition of Child

Child Under Wills Variation Act Defined and Not Expanded The recent British Columbia Court of Appeal decision in Peri vs. McCutcheon 2011 BCCA 401 clarifies that the Wills Variation act of British Columbia only provides for claims brought by biological or adopted children. The action… Read more

Court of Appeal Rules in Wills Variation Dispute Between Common Law Spouse and Disabled Adult Son

Hall v Korejwo 2011 BCCA 355 is a Court of Appeal decision involving a wills variation dispute between a 60-year-old adult son of the deceased, and the 65-year-old surviving common-law spouse. The deceased was estranged from both of his children for most of his life.

Video Evidence Allowed

Video evidence was allowed on appeal in Houston v Kline , 2011 BCCA 258 The respondent sued for damages arising out of a car accident.

Rectification of Error in Will Refused

Rectification of Error in Will Refused By Ontario Court of Appeal Robinson Estate v Robinson 2011 CarswellOnt 5819 once again demonstrated the limited jurisdiction that exists in the courts to remedy a mistake and omission made in the deceased’s will, even by the drafting lawyer…. Read more

“Gift” Set Aside – Resulting Trust Imposed on Asset

Pan v Pan Estate 2011 BCSC 856 is an excellent example of a court case that deals between the “tug of war” in legal terms  of a gift versus a resulting trust. In 1994 the plaintiff withdrew $450,000 from her bank in Taiwan and transferred into… Read more

Reduce Financial Abuse – 15 Good Suggestions

Part Two in a Series on Financial Abuse Reduce Financial Abuse The key to reducing financial abuse is to plan appropriately to avoid it. It is crucial to begin this planning while the elder person is still competent. It is essential to engage the advice… Read more

What Is Financial Abuse and How to Identify It?

What Is Financial Abuse and How to Identify It? At we frequently encounter estates depleted by financial abuse. Elders are by no means the only victims of this abuse. Less commonly we see the financial abuse of children or disabled adults who are the… Read more

Trust Rendered Void

 Trust Rendered Void For Want of Certainty as to Objects and Subject Matter Ng v Ng 2011 BCSC 192 is an example of a decision where the court found that no express trust had been created, because there was uncertainty as to the objects and… Read more

Rectification of Will Refused – Court Has Very Limited Jurisdiction to Add Words to A Will

Rectification of Will Refused Re Ali Estate 2011 BCSC 537, involves an application to rectify a will prior to its admission into probate. The deceased died owning all the shares of a company operated with his brother.

Second Power of Attorney Doesn’t Revoke Prior Power of Attorney, Joint Tenancy Severed with First Power of Attorney

Second Power of Attorney Houston v Houston 2011 BCSC 510 is an example of an estate dispute between the husband’s children from his 1st marriage, and his surviving wife and her children, relating to the use of a power of attorney by the children of… Read more

Executor/Trustee Personally Liable To Beneficiary For Unauthorized Payments from Estate Assets

Executors and trustees can be personally liable to beneficiaries for improper or unauthorized payments from estate assets. The Brown v Brown 2011 BCSC 649 is a good example of that principle of law.

“Unconventional Relationship” Not a Marriage Like Relationship

  “Unconventional Relationship” Held not to be Spousal as defined by marriage like in nature E.(L) v. J.(D) 2011 BCSC 671 is an example of the strict requirement for parties to live in a marriage like relationship for at least two years preceding death, in… Read more

Double Court Costs Awarded to Winning Party In Hamilton v. Jacinto

Double Court Costs Awarded to Winning Party In our previous blog re Hamilton Estate v. Jacinto, the trial judge dismissed the plaintiffs action against the defendant. The plaintiffs had sought to recover a residential property that had been purchased in joint tenancy between their father,… Read more