Vancouver Estate Claims – Have You Been Disinherited?

Have You Been Disinherited? 1. MENTAL CAPACITY Legal test for capacity: Banks v. Goodfellow 1870 must understand that a will is being made and that it disposes property on death; must know the nature and extent of his property; must understand who has an appropriate… Read more

Severance of Joint Tenancies

The severance of joint tenancies is an increasingly important issue in estate litigation and can occur without the registered joint owners even knowing it if their conduct is inconsistent with joint ownership.   We often assume that property, registered in joint tenancy, will automatically pass… Read more

Early Vesting v Contingent Gifts

In order to determine the date at which the recipients of the interest are determined, it is necessary to determine whether the gift was vested or contingent A contingent interest is one that is subject to the happening of an event that may never occur…. Read more

Wrongful Death Claims – Loss of Financial Support

Wrongful Death Claims Yesterday I blogged about the Family Compensation Act of British Columbia which allows a spouse, parent, or child of a person whose death has been caused by the wrongful act negligence or default of another, to sue for compensation. There are several… Read more

Wrongful Death Claims and The Family Compensation Act

Tegemann v. Pasemko 2007 BCSC 1062 is a good case example of the principles for compensation under the Family Compensation act of British Columbia. In this particular case the deceased was a 50-year-old mother, who is survived by her husband aged 49 at the time… Read more

Capacity To Make a Will

Capacity To Make a Will   A person making a Will must understand:   The nature of the act of making a Will: a. That he will die; b. That the Will will come into operation on his death, but not before; and c. That… Read more

Joint Property Owners Can Force Sale

The Partition of Property Act   Joint owners of property whether as joint tenants or tenants in common can force a sale of the property using the Partition of Property act. It is common for parties to purchase properties together and register the property jointly,… Read more

Mental Capacity Required to Live Apart From Spouse Is Low, While Capacity to Instruct a Lawyer Is High

Fuhr ( Litigation Guardian of) v. Tingey 2013 BCSC 711 dealt with the issues of whether a claimant had sufficient mental capacity to instruct counsel in divorce proceedings. the claimant died before trial, and while the issue then became moor, the Court provided reason for… Read more

Breach of Fiduciary Duty In Widow’s Reliance On Family

A breach of fiduciary duty was found when following her husband’s death, a widow relied upon  family members  to enter into improvident land transfers based on assertions that the widow relied upon. It is a fact that families financially abuse each other and often in the… Read more

The Doctrine of “Suspicious Circumstances” In Mental Capacity Cases

Justice Ballance’s reasons for judgement in Laszlo v Lawton 2013 BCSC 305 contain a concise summary of this area of the law: 200] In Vout v. Hay, [1995] 2 S.C.R. 876 [Vouf\, the Supreme Court of Canada laid to rest the thread of confusion that… Read more

Joint Tenancy Transfer Between Parent and One Child Set Aside

Turner vTurner 2010 BCSC deals with a common thorny issue in estate litigation. In 1996 the deceased parent put title to her home into joint tenancy with one of her two children. The deceased died in 2007 leaving a will that left the sale proceeds… Read more

Contingency Fee Agreement Not a Lottery

Contingency Fee Agreement -Not a Lottery Mide-Wilson v Hungerford Tomyn Lawrenson and Nichols 2013 BCSC 374 is a very interesting case relating to the intricacies of the “poor man’s key to the courtroom”, the contingency fee agreement is not a lottery for the lawyer. This… Read more

Court Prefers Lawyers Opinion Over Doctor’s On Mental Capacity

  Moore v Drummond BCSC 1702 is not the first decision where the evidence of the lawyer who  prepared a will  is preferred over that of a family doctor, on the issue of whether or not a deceased  had mental capacity to prepare a will. One… Read more

SEVERANCE OF JOINT TENANCIES BY A COURSE OF DEALING

SEVERANCE OF JOINT TENANCIES This article is an update on a recent development of the law in this area subsequent to the author’s previous article entitled “Severance of Joint Tenancies”, and located on disinherited.com.   Joint tenancy is a method in which two or more… Read more

Doctors Speak a Different Language

Doctors Speak a Different Language I had the benefit of recently hearing prominent geriatric psychiatrist Dr. Donnelly. She discussed various aspects of testing for mental capacity and in particular when dealing with the legal profession in seeking a medical opinion about same. Mental capacity is  a… Read more