Things to Consider For "Family Cottage" Inheritances | Disinheritance

“Family Cottage” Inheritances

I appeared along with Dawn Schooler of Jericho counseling on CBC radio Almanac show on July 18.16 for a discussion of the inherent problems of family inheritances of  the family cottage or any other recreational property. I prefaced my remarks by commenting that a recreational… Read more

Family Compensation Damages Limited to Wrongful Death

Family Compensation Damages Limited to Wrongful Death

BC families are precluded from recovering damages for harm caused to a family member unless the family member actually dies as per the provisions of the Family Compensation act. In Henry v Province of British Columbia, 2016 BCSC 1038  Chief Justice Hinkson stated: ‘ Neither… Read more

Dysfunctional Families – How To Recognize Them

As a boomer growing up in the Leave it to Beaver age, it was not until I practiced estate litigation exclusively  that I learned  to recognize dysfunctional families and the mess that they leave behind. ( typically my clients).  In discussing the family dynamic with many clients,… Read more

Marriage Like Relationships

Weber v Leclerc 2015 BCSC 6550 reviewed the law relating to what constitute a marriage like relationship in a matrimonial dispute where the female was against the institution of marriage and opposed such a finding of being in a marriage like relationship.   The parties… Read more

Loan or Gift?

In family environments it is often very difficult or near impossible for third parties such as a court to easily determine if that parental advancement of funds used to buy their child’s new family home was a loan or a gift.   From the parent’s… Read more

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