UBC Property Transfer Set Aside For Being a “Fraud On a Power”

Fraud On a Power It is a fraud on a power contained in a will to use a society created in accordance with the terms of the will to achieve indirectly the transfer of property to a non-object of that power which could not be done… Read more

Court Refuses to Amend Purpose of Charitable Trust

Court Refuses to Amend Purpose of Charitable Trust   Mulgrave School Foundation  2014 BCSC 1900 involves a case where for donors made gifts totaling $1.1 million to the petitioner school foundation, specifically to support the scholarship program. The Petitioner  school applied instead to use the funds… Read more

Certificates of Pending Litigation (CPL’s) To Tie Up land

Certificates of Pending Litigation REPRINTED FROM CARSWELLS NOTES AND RELATING TO ONTARIO LAW ( SIMILAR  BUT NOT IDENTICAL TO BC LAW)   “Certificates of pending litigation (or lis pendens) (“CPL”) are often-used tool in order to preserve real property and unregistered interests in such property. The test… Read more

Incorporation By Reference In Wills

Wills on occasion mention another document in existence that the will maker wants to be given effect in the terms of the incorporation by reference in wills. Re Kellogg Estate 2013 BCSC 2292 pagraphs 74-79 discusses the law relating to incorporation by reference.   [74]     The… Read more

The Presumption Against An Intestacy

There is a strong presumption against an intestacy in the construction/interpretation  of a  will that a testator did not go to the trouble and expense of preparing a will to only lead to an intestacy- the testator wanted a testacy.   This presumption however will likely become less and less… Read more

Appeal Court Holds Document Is a Gift and Not a Will

It is often difficult to determine if a document is an inter vivos gift, or alternatively, a document that only takes effect upon death, and thus a will (testamentary). Such was the case with a certain  agreement agreed upon between Norman v. Watchtower Bible and Tract… Read more

Special Costs- What Are They?

  Special costs , in a nutshell means that the losing party pays all the  legal fees of the winning party, and are being awarded on an increasingly frequent basis for reprehensible behavior. The general public by and large for many decades already thought that… Read more

Calaculating Damages In Wrongful Death Cases

  Panghali v. Panghali, 2014 BCSC 647,  involved the court awarding a 10-year-old girl approximately $500,000 in damages for the wrongful death  of her mother who was murdered by her husband, and showed how the courts calculate damages in wrongful death cases. As referred to… Read more

Advising The Personal Representative

1. INTRODUCTION It is perhaps trite to state that the role of the drafting notary or solicitor is simply not to fill in the blanks and record the testator’s instructions, including his or her choice of executor, but instead to actively advise and draw to… Read more

The Use of Discretionary Trusts in Estate Planning

1. INTRODUCTION I always fell asleep during my law school trusts class. I could never have imagined then what an important role trusts would come to play in my day-to-day career as a Wills and Estates lawyer. I suspect that there are many other lawyers,… Read more

The Cy-Pres Doctrine

Those of us living in Vancouver know Children’s Hospital–surely that goes without saying. Check a little closer, however, and you may be surprised to learn that no such legal entity exists. In estate law it is relatively common to discover that a charitable institution, named… Read more

Revocation of Wills

Every will is revocable even a will, whose terms purport to make it irrevocable, is in fact revocable. Generally speaking a will may be either be revoked by the operation of law or may be deliberately revoked by the testator . Deliberate revocation requires a… Read more

Cost Awards in Estate Litigation

1. INTRODUCTION Cost awards are the amount of monies that a Court awards one litigant against another as a contribution towards legal fees incurred. Until recent years, practitioners in estate litigation , had little to fear with respect to costs awards. Win or lose, the… Read more

The Use of DNA in Estate Litigation

DNA in Estate Litigation The Deoxyribonucleic acid (DNA for short) is the genetic code found in the nucleus of each of our body cells and is increasingly used in estate litigation. Because each person’s genetic code is unique, it is like a genetic “fingerprint”. Initially… 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