October 30th | 2011
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
October 23rd | 2011
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.
October 18th | 2011
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
October 17th | 2011
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.
October 9th | 2011
Video evidence was allowed on appeal in Houston v Kline , 2011 BCCA 258 The respondent sued for damages arising out of a car accident.
September 8th | 2011
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
August 29th | 2011
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
August 5th | 2011
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
August 4th | 2011
What Is Financial Abuse and How to Identify It? At disinherited.com 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
July 31st | 2011
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
July 23rd | 2011
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
July 16th | 2011
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
July 6th | 2011
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.
July 5th | 2011
“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
June 23rd | 2011
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