Spousal Separation Needs Intention

Spousal Separation It is often difficult for third parties to know if a spousal couple has “legally” separated or not and a sudden death will invariably lead to litigation over the issue. The Courts have established in Manitoba, and I believe it would be followed… Read more

Marriage Like Relationship Expanded

Re Coombes Estate 2015 BCSC 2050 has expanded the definition of marriage like relationship by finding a young couple to be in such a legal relationship despite the fact they only physically co habited for approximately 18 of the 24 months required , with the… Read more

Commonlaw Spouse Marriage Like Relationship Expanded

Chapman v Treakle 2014 BCSC 2127 is a recent indication of the tendency of the courts to expand what is legally considered to be a couple in a marriage like relationship, or simply common-law partners, as more unconventional relationships come forward and seek judicial redress…. Read more

Marriage Like Relationship Despite Two Residences

Marriage Like Relationship Despite Two Residences   Re Richardson 2014 BCSC 2162 is becoming one of a number of cases that have now found couples to be living in a marriage like relationship despite having two residences.   The FACTS The Deceased died in 2014,… Read more

How to Survive a Narcissitic Or Abusive Family

Abusive Family There are so many people asking themselves the same question on a regular basis- how does one survive abuse at home? There is no easy answer or probably even a winning formula. Some children simply cannot win no matter what they do amongst… Read more

Parents /Guardians On Occasion Steal Trust Funds From Their Children

I was about to compose a blog or article on parental theft of children’s earnings or inheritances, when I spotted this in todays Herald Tribune – a mother spent the entire inheritance of her two children’s trust funds  on herself. By Agency A bride-to-be was… Read more

Spouses In Marriage Like Relationship Despite Dual Residences

Spouses In Marriage Like Relationship Despite Separate Residences   Re Richardson Estate 2014 BCSC 2162 involves a post WESA decision re a dispute on an intestacy between the deceased’s brother and his purported common law spouse, as to who would inherit the entire estate. Richardson… Read more

What Is a Marriage Like Relationship in 2014?

In 2014, What Is a Marriage Like Relationship?   Ballance J in Chapman v Trekle 2014 BCSC 2127  recently gave detailed analysis of what constitutes a marriage like relationship in BC today. The following excerpt is the portion relative to the principles of law.   STATUS… Read more

Black Sheep and Scapegoats In Dysfunctional Families

Black Sheep and Scapegoats in Dysfunctional Families   Estate litigation is rife with black sheep and scapegoats.   The purpose of this article is to examine that phenomena. It crosses virtually all aspects, boundaries, and strata of society. More likely than not, when each family sits… Read more

When Does a Common Law Marriage Come to an End

It is not always clear, even between the spouses themselves, when a common law marriage came to a legal end. The Courts have accordingly developed certain guidelines to assist them. The test of whether a relationship is at an end is objective; W.A.S. v. D.W.T., 2003… Read more

Marriage Like Relationship Criteria

The Courts have come to grips with the criteria that constitutes marriage like relationships, although some children of a deceased continue to have trouble accepting same, and often attempt to diminish the relationship or even call it something else altogether , such as landlord and… Read more

Common Law Spouse Criteria In British Columbia

What Qualifies as a Common Law Spouse in BC The legal issue as to whether or not a couple, whether they be heterosexual or homosexual, when they purport to be common-law spouses of each other has increasingly become more common and at the same time… Read more

The Formalities of a Valid Marriage

The Formalities of a Valid Marriage    45 If the parties to a marriage, solemnized in good faith and intended to be in compliance with the legislation, are not under a legal disqualification to contract such marriage and have lived together and cohabited as a… Read more

How To Handle Family Fights Re Aging Parents

The Smart Way To Handle Family Fights About Aging Parents Family conflicts can be so emotional and painful. As parents age, many problems can crop up among adult siblings and sometimes with the elder himself. Many of these problems arise from financial issues and caregiver… Read more

WESA Section 56 and Spouses

 WESA Section 56 and Spouses This is the fourth blog on the upcoming WESA legislation to be introduced March 13, 2014. The previous blogs on aspects of the new legislation were dated October 31, November 11, and November 30. There will be dramatic changes introduced… Read more