Spouse in long term

Wills Variation -Spouse Trumps Children

In wills variation litigation, it is quite common for spouses, infant children, and adult children, to have conflicting claims against the other, but the claim of a spouse will trump the claims of adult children.. Generally speaking, claims based on legal obligations, such as those… 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

Disbarred Lawyer Loses Mother’s BC 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 2010… 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

Court “Regrettably” Declares Will Executed Before Marriage To Be Void

Will Executed Before  Marriage “Regrettably” Declared Void   Please note that due to the implementation of WESA. this will no longer be the law for wills signed on or after  April 1, 2014  MacLean Estate v. Christiansen 2009 BCSC 1159 is a good example of the legal… Read more

Daughter’s Wills Variation Claim Dismissed For Valid and Rational Reasons

Wills Variation Claim Dismissed LeVierge v Whieldon 2010 BCSC 1462 is illustrative of a case where an adult child’s claim under the Wills Variation act was dismissed for valid and rational reasons. The testatrix left her $1.2 million estate to two of her three children,… Read more

Child Beqeathed Family Vacation Home Has Wills Variation Claim Dismissed

In Gould v Gould Estate 2010 BCCA 424, the BC Court of Appeal upheld the trial decision that dismissed a daughter’s Wills Variation Claim. The testator left some personal items to her plaintiff daughter, but divided the residue of her estate, worth $900,000 to her… Read more

Son’s Wills Variation Claim Dismissed in Favour of Surviving Spouse

Yee v Yu 2010 BCSC 1464 is an example of a Wills Variation case where a son’s claim dismissed in favour of his mother, a surviving spouse. The testator left everything to his first and only wife in his will.

Will Varied From Grandchildren to Children of Deceased

Will Varied From Grandchildren to Children of Deceased The BC Court of Appeal in Graham v Graham Estate 2010 BCCA 13, upheld the trial Judge where a will varied in favour of the children of the deceased. The testator left a $1 million dollar estate… Read more

Wills Variation Limited to $75,000 with Remaining $1 Million to Unemployable Sister

Wills Variation Limited to $75,000 Hutchinson v Weidman Estate2010 BCSC 1356 involves a Wills Variation claim of an alcoholic abusive father who left his$1.1 million dollar to S., one of his four middle aged children, on the basis of that child’s attention to him and… Read more