Court Determines Rights Between Two Competing Powers of Attorney Spouse vs Daughter

Powers of Attorney Spouse vs Daughter   Sommerville v Sommerville 2014 BCSC 1848 involved a court application wherein the deceased gave both his surviving widow and his daughter separate powers of attorney that could be used individually. The facts are somewhat complicated given that the… Read more

One In Ten Seniors Suffer From Financial Abuse

The Vancouver Sun today reported that one in ten seniors will suffer from Elder Financial abuse, often at the hands of their closest loved ones.   “While a B.C. man was in hospital having brain surgery, his daughter was busy taking over his bank accounts… Read more

The “Badges of Fraud”

Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form fraudulent; to defraud is the verb, and the Badges of Fraud are used by the court s as rough gauge as to whether Fraud exists in the situation or not.. As a… Read more

Seniors-Avoid Joint Bank Accounts

I have seen many seniors financially abused by setting up a joint bank account with a child/caregiver/neighbour/friend  who takes advantage to the point where I advise seniors to avoid their use. I recently came across a Maclean’s magazine article dated April 4, 2011 entitled “Signing… Read more

Fraudulent Conveyances

The British Columbia  Fraudulent Conveyance Act is a  statute designed to give a remedy to creditors frustrated in collecting their debts by a debtor who has disposed of his/her assets. The Fraudulent Conveyance act permits  a creditor to impugn or set aside a transfer of property, where… Read more

Molester’s Transfer of Assets to Avoid Victim’s Judgement Set Aside As Fraudulent

Kirk ( Guardian ad litem of) v Kirk estate 2012 BCSC 1346 The infant plaintiffs, through their father, were the granddaughters of the deceased, and claimed general damages against their grandfather for his assaults upon them. On 30 October 2009 grandfather wrote a letter to… Read more

The Remedial Constructive Trust

1. INTRODUCTION Constructive trusts have been evolving for more than two centuries. However, it has only been in the last several years that it is now developed to the point where it is almost impossible to predict and define all the circumstances in which its… 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

Misrepresentation

Buccilli v Pillitteri 2012 ONSC 6624, is a misrepresentation case. It involved a family estate dispute after a tragic death where all the parties had a one third interest in a family business. After the deceased’s death, his surviving widow, on the advice of her… Read more

Unconscionable Inequality In Bargaining Power

Some transactions are so unconscionably bad that the law will set them aside. Buccilli v Pillitteri 2012 ONSC 6624, involved a family estate dispute after a tragic death where all the parties had a one third interest in a family business. After the deceased’s death,… Read more

Fraudulent Conveyance Found By Ontario Court re Defeat of Existing and Future Creditor”s Claims

Mitchell Jenner v Saunders  2012 CarswellOnt 5299 is an Ontario Court of Appeal case that upholds a finding that the sale of a husband and wife’s property was a fraudulent conveyance intended to defeat creditors. The married couple had purchased a house together but it… Read more

Reduce Financial Abuse – 15 Good Suggestions

Part Two in a Series on Financial Abuse Reduce Financial Abuse The key to reducing financial abuse is to plan appropriately to avoid it. It is crucial to begin this planning while the elder person is still competent. It is essential to engage the advice… Read more

What Is Financial Abuse and How to Identify It?

What Is Financial Abuse and How to Identify It? At disinherited.com we frequently encounter estates depleted by financial abuse. Elders are by no means the only victims of this abuse. Less commonly we see the financial abuse of children or disabled adults who are the… 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

Disbarred Lawyer Loses Mother’s Estate Case

Cameron, as administrator of the Estate of Sophia Ewachniuk v Ewachniuk 2011 BCSC 395 is the fascinating sequel of disbarred lawyer Ted Ewachniuk’s continued litigation with his two sisters. In a previous trial involving the same parties , Hix v Ewachniuk 2008 BCSC 811, affirmed… Read more