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

Trustee For Child Under Will Has Priority

Trustee For Child Under Will Has Priority

Leniuk Estate 2016 BCSC 159 held that a trustee for a child appointed under a will has priority over a guardian appointed under the Family Law act to hold funds in trust for a child’s behalf. An application to have a guardian appointed trustee who… Read more

Court Overturns

Court Overturns Man’s Will on Moral Grounds

The Bc 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 assets… Read more

abandoned

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… Read more

Court Costs In Estate Litigation

It is very old fashioned thinking that court costs come out of the estate , win or lose, as costs are now an important factor in settlement considerations.   The decision Deuschmann Estate v Fallis  2011 BCSC 1009 at paragraph 95 sets out the general… Read more

Son May Not Inherit For Murdering Mother

Re Fenotti Estate 2014 BCSC 1533 reviewed the law and held that a murderer of the deceased, his mother, son may not inherit from her as a result of public policy that prevents a wrong doer from benefiting from his or her own crime. The personal… Read more

When Does a Common Law Marriage Come to an End

It is not always clear, even between the spouses themselves, when a common law marriage came to a legal end. The Courts have accordingly developed certain guidelines to assist them. The test of whether a relationship is at an end is objective; W.A.S. v. D.W.T., 2003… Read more

“Sham” Trusts

Plaintiff’s often allege that a purported trust is a sham trust that the courts should ignore. The following is the criteria that the courts utilize when dealing with such an assertion as was discussed in M. Dhaliwal Holdings Inc. v. Pacific Blue Farms Ltd. ,… Read more

Marriage Like Relationship Criteria

The Courts have come to grips with the criteria that constitutes marriage like relationships, although some children of a deceased continue to have trouble accepting same, and often attempt to diminish the relationship or even call it something else altogether , such as landlord and… Read more

Disinherited Estranged Son Loses In Appeal Court

Hall v Hall 2011 BCCA 354, the appeal of a sons wills variation claim was dismissed and the reasons for his disinheritance, namely estrangement, were upheld as being rational and true, and the son failed to prove that the reasons for his disinheritance were false… Read more

Son Awarded %50 of Estate Under Wills Variation Act

A will that had left the entire estate of $366,000 to the deceased grandchildren, was varied pursuant to the wills variation act to award the disinherited sole child of the deceased 50% of the estate, with the remaining 25% to each defendant grandchild.   see McEwan… Read more

B.C Allows Adult Independent Child To Contest Will Under Wills Variation Act

B.C Is Only Province To Allow Adult Independent Child(ren) To Contest Will Under Wills Variation Act If there was any doubt that no other Province in Canada except for British Columbia allows an adult independent child to contest a disinheritance by an adult child’s parents… Read more

How to Sever a Joint Tenancy With a Co Owner

A prospective client called yesterday inquiring whether three siblings who had joint tenancy with a fourth sibling, can force a sale so as to buy out the troublemaking fourth sibling. I answered yes,  as the Partition of Property act allows for a severance of the… Read more

The Formalities of a Valid Marriage

The Formalities of a Valid Marriage    45 If the parties to a marriage, solemnized in good faith and intended to be in compliance with the legislation, are not under a legal disqualification to contract such marriage and have lived together and cohabited as a… Read more

Seniors-Avoid Joint Bank Accounts

I have seen many seniors financially abused by setting up a joint bank account with a child/caregiver/neighbour/friend  who takes advantage to the point where I advise seniors to avoid their use. I recently came across a Maclean’s magazine article dated April 4, 2011 entitled “Signing… Read more