Administration Durante Absentia

Section 7 of the Estate Administration Act allows the court to appoint a person to administer an estate or part of it where an executor resides out of the province “and it appears to the court to be necessary or convenient by reason of the… Read more

Administration By Attorney

Rule 21 (27) provides for the administration of an estate by an attorney.: “ If a person entitled to administration resides outside British Columbia, administration by attorney, or administration with the will annexed, may be granted to the person or the person’s attorney acting under… Read more

Administration Ad Colligenda Bona

Several years ago disinherited.com had an estate where the deceased had substantial assets that needed protection, while it took in excess of two years to locate his very distant next of kin in the far-off Ukraine. He had died intestate and no person came forward… Read more

What Is Double Probate?

Executors frequently appoint more than one person as his or her personal representative, and on occasion not all parties who are entitled to apply for probate actually do. However at the same time they do not renounce their executor ship and reserve the right to… Read more

Copy of Will Not Admitted to Probate, as No Proof Original Was Ever Signed

Re Whitehead Estate 2010 BCSC 348, the deceased was a founding member of a credit union and a retired bank manager. After his death, a “trued up” copy of will dated December 21, 1979 was found, but the original of that will was never located. Under… Read more

When Can a Will Draftman’s Notes Be Admissible to Interpret a Will Meaning?

Re Hoedl Estate 2012 ONSC 6857 involves the issue of whether the drafting solicitors notes are admissible at a hearing to interpret a will meaning. The executor of the deceased estate was also the solicitor who drafted the will. The executor initially advised of one… Read more

Presumption of Resulting Trust Rebutted By Evidence of Love and Affection

There is a presumption of resulting trust over a gift when a substantial asset is transferred for little or no consideration,-here the presumption was overcome by evidence of love and affection. Oord v Oord 2012 BCSC 1857 is the classic scenario where a well-intentioned family… Read more

Executor Compensation Is Taxable Unless Gifted In the Will

Disinherited.com has seen innumerable estate disputes concerning the amount of executor compensation and trustee is entitled. Under the Trustee Act in British Columbia, the maximum is 5% and it would appear that most executors feel entitled to claim this amount. Executor compensation can be particularly… Read more

Claim For Property Promised Years Before Upheld

A Claim For Interest In Property Verbally Promised Years Before, Was Upheld By Court As  An Agreement Verbal promises to provide property years in the future, in return for services  for the life of the promissor, are increasingly common in estate litigation. Such arrangements, usually… Read more

Conditional Gift In Will Found Invalid

A Conditional gift in will is surprisingly common, and depending on their particular proviso, the Court may or may not uphold the gift. The 1996 BC case of Unger v Gossen is a case where the conditional gift was found to be invalid.The testator in BC left… Read more

Letters of Administration Revoked For Failing To Satisfy Test of Common Law Spouse

Letters of Administration Revoked For Failure to Prove Common Law Spouse Marriage Like Relationship Souraya v Kinch 2012 BCSC 1252 involves a case where the grant of letters of administration revoked on the basis that the deceased’s alleged common-law spouse,failed to  prove that she met the … Read more

Administrator Appointed Pending Litigation

Independent Administrator Appointed For  Estate Assets Pending Litigation, aka administrator pendent lite. A common feature of many estate  disputes  is the acrimonious nature between the various claimants to the assets of the deceased. In fact, certain cases become renowned within the profession and the courts… Read more

Beneficiary Who Prepared Will Has Heavy Burden

Beneficiary Who Prepared Will and Substantially Benefits has a very heavy burden of proof Cooke v Walsh 1965 (52) WWR 449 is a chestnut of a decision by former Chief Justice Wilson that deserves comment  even 37 years later. The deceased made a will shortly… Read more

Unsigned Draft Will Refused Probate

The only thing surprising about this decision from a British Columbia perspective is that it actually proceeded to court. The solicitor prepared the draft will and advised the deceased in writing that she was to make an appointment to come in and sign it. The… Read more

Words “Born After” Interpreted

“Born After” Interpreted in Two Express Trusts Turk v Turk 2011 ONSC 6497 dealt with the various rules of construction and interpretation of the words“born after the date of the settlement” that were used in to family trust settled by a grandmother in 1992 and… Read more