Dysfunctional Families and Becoming Disinherited

This video is about dysfunctional families. Chances are, if you’re watching this video or you have read the article called Dysfunctional Families on our website, then you’ll know a lot about this topic. However, many people that come in our office actually are absolutely amazed… Read more

Delusions and Testamentary Capacity – 4 Factors to Consider

This video is about delusions and testamentary capacity required to make a will. The leading decision of testamentary capacity is Banks versus Goodfellow from 1857 which held that in order to have valid capacity, a person must 1) know what a will is; 2) know what… Read more

What Happens When You Lose Your Will?

What happens when you lose your will? Many people, in fact, do. They might be hoarders or they might be very careful people but they don’t appreciate that that document that they signed many years ago and took home is perhaps the original of a… Read more

Mental Capacity and Marriage

This video is about capacity to marry. That’s mental capacity. We all know the story of Anna Nicole Smith and her love affair and marriage to the 94 year-old billionaire. After his untimely passing, there was years and years of litigation which centered on whether… Read more

Refusing Inheritance with Disclaimer

What disclaimer means is that if you inherit under a will, no one can force you to actually accept the inheritance. Now, why wouldn’t you want and accept an inheritance? But there are situations where it does exist. For example, in one particular case, a… Read more

When is Cy-Pres Doctrine Used in Vancouver?

What Cy-Pres Doctrine means is that the courts will try and find a general testamentary intentioned to benefit a charity. If that charity has been misdescribed in your will, the courts will try and find another charity of a similar fashion and intention to instead… Read more

Using DNA in Vancouver Estate Litigation for Proof of Paternity

DNA in British Columbia estate litigation is widely used and it is readily accepted by the courts as proof of paternity in particular. The first time I used DNA was in approximately 1991 when somebody committed suicide off a ferry. Their body was never found. A… Read more

Removing and Replacing Executors and Trustees

This video is on removing executors and trustees. Personally, I think being an executor is like being a fire hydrant on a street of dogs. You can never, ever get enough appreciation. Unfortunately, it seems to attract a lot of heat. Now there are good… Read more

Forfeiture Clauses in Wills

A forfeiture clause is typically a clause that the testator puts in the will to try and make it much more difficult, if not impossible, for someone to contest the will. Typically, it would be a clause that it says, “If my wife ever remarries,… Read more

The Pitfalls of Joint Tenancy

This video is about joint tenancy. Many years ago, financial advisors in particular, started to advise people to put their assets in joint tenancy with others, in particular, their spouses or children in order to avoid probate fees. It was a minimal type of estate… Read more

Court Rewrites Man's Will to Include Daughters

Court Rewrites Man’s Will to Include Daughters

Court Rewrites Man’s Will to Include Daughters Son was named as sole beneficiary until judge intervened Where there’s a will, there’s a way to have it overturned. A B.C. Supreme Court Judge has ordered a man to a split his late father’s estate, despite the fact… Read more

Court Overturns Man's Will on Moral Grounds

BC Court Overturns Man’s Will on Moral Grounds

The British Columbia Court over turned and varied a will where his four daughters had been left with nothing. William Werbenuk died more than two years ago with just enough money in the bank to pay for his funeral. The 86-year-old widower’s will gave all… Read more

Disinherited Daughter Fought Back

Disinherited Daughter Fought Back

Disinherited Daughter. Like Cinderella, the little girl named Margaret worked to earn her room and board. She washed and swept and did what she was told. By the time she was five years old, her mother already passed her from home to home. Now she… Read more

Mentorship Revisited

Mentorship Revisited

The beacon of hope shines on in the practice of law Three years after our article, “Mentorship: A Beacon of Hope in the Practice of Law” was published in the June 2011 issue of BarTalk, much has evolved in our mentor association and in our… Read more

Baby Could Inherit Millions if Proved to be Daughter of Slain Vancouver Man

Baby Could Inherit Millions if Proved to be Daughter of Slain Vancouver Man

A Chinese woman trying to prove her baby daughter has sole claim to the fortune of a slain West Vancouver millionaire has won her bid for a paternity test. Baby could inherit millions. A new British Columbia law says the child stands to inherit everything if… Read more