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

Testimonials From Clients are Appreciated

Disinherited.com has received many wonderful thank yous over the years. Many of them are on our website under Testimonials. We received this one today from Pat, who lives many thousands of miles away. We thought we would mention her kind words  in today’s blog .  … Read more

Co-Executor Trustee Removed For Lack of Co Operation With Other Executor/Trustee

Levi- Bandel v Talesiesin Estate 2011 CarswellBC 384 is a good example of what disinherited.com perceives as an increased willingness by the courts to remove obstructive and uncooperative executors and trustees in the interests of the beneficiaries. The deceased estate was managed by 2 co-executrixes… Read more

Six Year Limitation For Debt

Six Year Limitation For Debt Starts With the Acknowledgement of the Debt In Gabriel Estate v Ward 2011 Carswell BC 1042, the court dealt with the issue as to when the statutory limitation of 6 years for the collection of a debt commenced to run…. Read more

Foreign Will Mistakenly Revoked Canadian Will of Deceased Creating Intestacy

The August 2011 decision of the Ontario Court of Appeal in Robinson’s Estate v Robinson is a good example of the pitfalls that may inadvertently occur when a testator has wills prepared in different jurisdictions. It is becoming increasingly common for the general public to… Read more

$20 Million Lottery Jackpot Claim Dismissed Under Trust Law

$20 Million Lottery Jackpot Dismissed due to trust law. It is not uncommon to hear about litigation claiming entitlement to share in lottery jackpots arising out of former friends or co- employees. Invariably the claim is that for quite a long period of time, often… Read more

The Importance of Credibility

The Importance of Credibility Credibility is simply that quality in a witness which renders his or her evidence worthy of belief. One of the most important jobs that I judge has is which witness’s testimony is to believed, and which testimony is to be discounted…. Read more

Lost Wills and the Presumption of Revocation

Lost Wills and the Presumption of Revocation An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the courts will be more willing to allow copies of wills as proof of the testator’s intention to more… Read more

Adopted Daughter Awarded Equal Share In Wills Variation Claim

Adopted Daughter Awarded Equal Share Laing v Jarvis Estate 2011 BCSC 1082 is yet another Wills Variation claim in British Columbia, where the courts have awarded an equal share to a disinherited child, in this case, an adopted one. The plaintiff was 55 years of… Read more

Wills Variation Claims Are Generally Well Suited For Summary Trial Disposition

Summary Trial Disposition Wills Variation claims in British Columbia are generally speaking well-suited for a summary trial disposition. A summary trial is heard by a judge who reads at affidavit materials and listens to submission by counsel. This is supposed to the more traditional route… Read more

Administration of an Estate Pending Litigation

Estate Pending Litigation It is very common in contested estates that the assets of the deceased are not properly dealt with in a timely manner as a result of the dispute. This is particularly the case when the court action relates to the actual validity… Read more

BC Power of Attorney Act Sets Out the Duties and Powers of an Attorney For First Time

The provisions of the BC Power of Attorney act effective September 1, 2011, are a big improvement over the previous legislation, particularly in that the duties and powers of the attorney are clearly set out in sections 19 and 20 of the act. S. 19-… Read more

New Power of Attorney Act for British Columbia Sets Out Test For Capacity and Duties of the Attorney

New Power of Attorney Act for BC Much of the financial abuse seen by disinherited.com over the years relates to the abuse of a power of attorney by the very person entrusted to be the attorney. After many years in the making, a new Power… Read more

Gold Digger “Wife” Gets $150,000 from $3.5 MillionVulernable Victim

One of the most outrageous recent cases of blatant gold digging is Wu v Zhang 2011 BCSC 1205. This a much younger gold digger, who married a much older, physically and mentally vulnerable man, shortly before his death.