multiple wills

Use of Multiple Wills Approved

  In re Berkner Estate 2017 BCSC 619 the Court approved the use  of Multiple Wills in estate planning .    The applicant submits that a person is entitled to have more than one valid will. As an example, multiple wills may be used when… Read more

Spoliation of Evidence

Spoliation of evidence is the intentional destruction of relevant evidence when litigation exists or is pending. There are few cases on the issue in Canada but it does occur on occasion.   In Holland ( Guardian ad litem) v Marshall 2008 BCCA 468 the appeal… Read more

Stay of Proceedings

Gerritse v Hospital For Sick Children 2017 ONSC 1859 dealt with an application for a stay of proceedings in one court case until the paternity issue in another case was firstly decided. The Court refused the application and cited the law as previously set out in… Read more

Change of Venue of Trial

Harder v Harder estate 2017 BCSC 425 discussed the law relating to changing the venue of trial or interlocutory proceedings from where the action was originally commenced to another city.   The defendants in Harder sought an order transferring the proceedings  from Victoria to the… Read more

Conflict of Law – “Ordinarily Resident”

Cresswell v Cresswell Estate 2017 BCSC 178 dealt with a conflict of law situation and held that the jurisdiction of the BC court should be denied for a wills variation action and held that it should properly be filed under Alberta court jurisdiction as the… Read more

Will In “Contemplation of Marriage” Not Revoked

Will In “Contemplation of Marriage” Not Revoked: Pace Estate 2016 BCSC 2306 held that a 2001 will left to “my common law spouse  of four years ” was not revoked by their subsequent marriage under what was then S 15 Wills Act that provided that… Read more

Statute Barred Debt to Estate Deducted From Beneficiary

Statute Barred Debt: Re Johnston Estate 2017 BCSC 272 upheld the rule in Cherry v. Boultbee  which provides that where a legatee of a share of the residue is a debtor of the estate, he or she is not entitled to receive his or her… Read more

The Duty of Care Owed By a Will Drafter

In Korpiel v Sanguinetti (1999) B.C.J. 1048 the court concluded that a will drafter, usually a solicitor or notary, owes no duty of care to beneficiaries beyond the competent and timely fulfillment of the testator’s testamentary instructions.   In the Sanguinetti case, the court considered… Read more

Non Binding (Precatory) Words In Will Not a Trust

Non Binding ( Precatory)  words in a will were found not to create a trust that was legally binding on the trustee, but instead that the words were non binding ( precatory) and thus only morally binding an thus an outright bequest.   Killam v… Read more

Severance of Court Actions Upheld On Appeal

The Court of Appeal in Johnston v Johnston Estate 2017 BCCA 59 upheld the trial decision found at 2016 BCSC 1388 where an action seeking that a will was invalid, or alternatively if it was valid it should be varied under the wills variation provisions… Read more

“Adopted Out” Child Cannot Contest Biological Parent’s Estate Under Wills Variation

Boer v Mikaloff Estate 2017 BCSC 21 confirmed that an “adopted out” child cannot contest the will of the biological parent’s estate under S.60 WESA (the wills variation provision) when it answered the following posed question negatively:   Does a child who is adopted by… Read more

Amending Court Pleadings

Russell Estate v Larson 2017 BCSC 113 contains a good summary of the law relating to amending court pleadings.   Pleadings are very important in litigation so as to give a concise definition of the issues to be tried and to allow the opposing party… Read more

Executor Added After Expiration of Wills Variation Limitation

Wills Variation Limitation. Under the provisions of section 60 WESA, an action under the wills variation provisions must be commenced within 180 days of the grant of probate or the action is statute barred. In the 1987 decision Cowan v Cowan 17 BCLR ( 2d)… Read more

Damage Assessments on Appeal

The appeal case of Gadhri v 0760815 BC Ltd 2017 BCCA 31 confirmed long standing law that an appeal court will not vary a trial judge’s award of damages assessments unless the following occurs: “An appellate court will not interfere with a trial judge’s assessment… Read more

The Court’s Power to Conrol Itself (Vexatious Litigants)

Semenoff Estate v Semenoff 2017 BCCA 17 involved the Appeal Court reviewing the power of the court to control it’s own conduct and that of  vexatious litigants appearing in court. The case arose from an appeal of 30 issues from a summary judgement hearing  and… Read more