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

Gift of House and Bank Accounts to Spouse Upheld as Gifts, Presumption of Resulting Trust Rebutted

Presumption of Resulting Trust Rebutted In’s last blog, we discussed the Zukanovic v Malkoc case. There, the court set aside various “gifts” made during the lifetime of the deceased, and found they were held in trust for the estate.

Gifts of Entire Estate During Lifetime Set Aside, Will Varied to Give Daughter %25 and Favourite Son, %75 of $ One Million Estate

Gifts of Entire Estate During Lifetime Set Aside Zukanovic v Malkoc Estate 2011 BCSC 625 is a case of a father disinheriting a daughter in favor of a son who was clearly his favorite. The testator suffered from diabetes most of his life which resulted… Read more

Sexual Assault Victim Collects Judgement As Court Sets Aside Transfer as a Frauduelnt Conveyance

Sexual Assault Victim Collects Judgement S. (GW) v. R. (WW) 2010 BCSC 1741 is a case alleging a fraudulent conveyance of assets from the plaintiff’s stepfather, to his son, The stepfather had sexually abused the plaintiff for several years when she was very young. In… Read more

21 Year Common Law Partner Awarded 70% of Deceased Wife’s $1.25 Million Estate

Ross v Bloomfield 2010 BCSC 594 is a wills variation action brought by a surviving husband after his common law partner of 21 years died. The deceased left a will dated April 2003 in which she left her common law partner $6000, while the residue… Read more

Mutual Wills Severed Joint Tenancy Ownership

Brewster v Lenzi 2010 BCSC 1488 is an interesting decision involving mutual wills between a husband and wife, that ended with their joint tenancy ownership being severed. Mutual wills cases are somewhat unusual in that the overwhelming number of the wills made between spouses are… Read more

Executor Removed For Conflict of Interest

Executor Removed For Conflict of Interest Re Thomasson Estate 2011 BCSC 481 is a classic conflict of interest situation that required the court to passover one executor ,where another co executor questioned a certain transfer of property that involved the executor.

Daughter Awarded $5.5 Million in Wills Variation Claim

Daughter Awarded $5.5 Million The Wilson v Lougheed Estate case, 2010 BCSC 1868 is one of a few cases only in BC that deal with a large wills variation award in favour of a disinherited child, that involved a very large estate The plaintiff was a… Read more

Wills Variation- $15,000 Inheritance Increased to $250,000

A Successful Wills Variation Claim McLellan v McLellan 2011 BCSC 461 is a wills variation case involving interesting facts, where a daughter’s bequest was increased from $15,000 to $250,000. The testator married his 1st wife in 1966 and they had 2 children.


Seminar Testimonial re Trevor Todd Speech

On May 19, Trevor Todd presented a seminar on disinheritance issues to 200 Realtors on the West side of Vancouver. One of the attendees summarized many of the matters that Trevor touched on. He sent it to Trevor for review and Trevor found it well… Read more

Torn Up Will Admitted to Probate

Will Admitted to Probate In Jorsvik Estate, Re 2011 BCSC 528 ,after the testatrix’s death, her daughter found her torn up will at the care center where her step father had resided for the previous several years.

Unjust Enrichment Equals Fairness

Unjust Enrichment Equals Fairness Unjust enrichment is a legal doctrine based on the general equitable principal that no one should be allowed to profit at another’s expense. In other words, a person should pay for the reasonable value of any benefits, whether property or services,… Read more