Court Will Not Order Production of Drafting Lawyer’s Will File in Wills Variation Claims

Production of Drafting Lawyer’s Will File It is very common in estate litigation for the party attacking a will to want production of the drafting lawyer’s will file relating to the taking of instructions, preparation of, and execution of the deceased’s last will. As a… Read more

Undue Influence General Principles

Undue Influence General Principles, When clients approach with respect to suspicions that undue influence was exerted upon the deceased, I am mindful of two conflicting principles: 1. in my in my experience, “where there is smoke there is fire”, so their suspicions are probably… Read more

BC Will Contested For Interpretation of Its Meaning

Re Brookes estate 2011 BCSC 1606 involves a hand written half page  BC will, in  which the testator   appointed his brother as executor and provided: ” I leave my property  ( address stated) to my brother executor with power of attorney. Also my accounts at Royal Bank… Read more

Presumption of Undue Influence Can Apply to Parent/Adult Children Relationships

Presumption of Undue Influence There are many court cases that define undue influence, and most state something to the effect that the influence must overbear the will of the person influenced so that in truth what she or he does is not his or her… Read more

Wills Variation Claim Won By 91 Year Old Spouse

Wills Variation Claim Won By 91 Year Old Surviving Spouse Mars v Bain Estate 2011 BCSC 1714 involves a claim brought by a 91-year-old female spouse who had lived in a marriage like relationship with the deceased for the last nine years of his life…. Read more

Will Varied To Provide Equal Share to Disinherited Gay Child

Disinherited Homosexual Children and the Wills Variation act I came across the decision  Patterson v. Lauritsen (1984) 6 WWR 329, and was pleasantly surprised to learn that as” far back” as 1984, the BCSC varied a will to provide an equal share to a disinherited… Read more

Son Wins Wills Variation For Marrying Spouse Whose Race Mother Disapproved

Son Wins Wills Variation For Marrying Spouse Lowres v Lowres 17 ETR 281, is another wills variation case from 1984 that is still very much the current and applicable law in British Columbia today. It relates  to an adult child independent  child contesting a will in BC… Read more

Foreign Will Mistakenly Revoked Canadian Will of Deceased Creating Intestacy

The August 2011 decision of the Ontario Court of Appeal in Robinson’s Estate v Robinson is a good example of the pitfalls that may inadvertently occur when a testator has wills prepared in different jurisdictions. It is becoming increasingly common for the general public to… Read more

Adopted Daughter Awarded Equal Share In Wills Variation Claim

Adopted Daughter Awarded Equal Share Laing v Jarvis Estate 2011 BCSC 1082 is yet another Wills Variation claim in British Columbia, where the courts have awarded an equal share to a disinherited child, in this case, an adopted one. The plaintiff was 55 years of… Read more

Wills Variation Claims Are Generally Well Suited For Summary Trial Disposition

Summary Trial Disposition Wills Variation claims in British Columbia are generally speaking well-suited for a summary trial disposition. A summary trial is heard by a judge who reads at affidavit materials and listens to submission by counsel. This is supposed to the more traditional route… Read more

Administration of an Estate Pending Litigation

Estate Pending Litigation It is very common in contested estates that the assets of the deceased are not properly dealt with in a timely manner as a result of the dispute. This is particularly the case when the court action relates to the actual validity… Read more

Gold Digger “Wife” Gets $150,000 from $3.5 MillionVulernable Victim

One of the most outrageous recent cases of blatant gold digging is Wu v Zhang 2011 BCSC 1205. This a much younger gold digger, who married a much older, physically and mentally vulnerable man, shortly before his death.

BC Appeals Court Upholds Dismissal of Estranged Son’s Wills Variation Claim

The BC Appeals Court  in Hall v Hall 2011 BCCA 354 upheld the dismissal of an adult sons Wills Variation action where the trial judge had found the plaintiff had rejected his mother and the rest of his family many years before.

Court Declines to Expand Definition of Child

Child Under Wills Variation Act Defined and Not Expanded The recent British Columbia Court of Appeal decision in Peri vs. McCutcheon 2011 BCCA 401 clarifies that the Wills Variation act of British Columbia only provides for claims brought by biological or adopted children. The action… Read more

Court of Appeal Rules in Wills Variation Dispute Between Common Law Spouse and Disabled Adult Son

Hall v Korejwo 2011 BCCA 355 is a Court of Appeal decision involving a wills variation dispute between a 60-year-old adult son of the deceased, and the 65-year-old surviving common-law spouse. The deceased was estranged from both of his children for most of his life.