Disappointed Beneficiaries? Sue the Lawyer

This video is about suing a lawyer for not properly preparing a will in a timely manner or in a proper manner so that there is, at the end of the day, what are known as a disappointed beneficiaries. This is someone who expected to… Read more

Court Rewrites Will

Court Rewrites Man’s Will to Include Daughters

Court Rewrites Man’s Will to Include Daughters Son was named as sole beneficiary until judge intervened Where there’s a will, there’s a way to have it overturned. A B.C. Supreme Court Judge has ordered a man to a split his late father’s estate, despite the fact… 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

Inherit Millions

Baby Could Inherit Millions if Proved to be Daughter of Slain Vancouver Man

A Chinese woman trying to prove her baby daughter has sole claim to the fortune of a slain West Vancouver millionaire has won her bid for a paternity test. Baby could inherit millions. A new British Columbia law says the child stands to inherit everything if… 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

“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

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

The Partition Act -Courts Order Co-Owned Property Sold

Whether property be owned as tenants in common, or as joint tenants, if the parties cannot agree on the sale of the property, the BC Court has the power to do so under the provisions of the Partition of Property Act RSBC. The jurisdiction to… Read more

1961 SCC Case Holds an Unregistered Transfer of Land Severs a Joint Tenancy

Sever JT SCC stonehouse. 1961 CarswellBC 159, 37 W.W.R. 62, [1962] S.C.R. 103, 31 D.L.R. (2d) 118 Stonehouse v. British Columbia (Attorney General) Stonehouse (Plaintiff) Appellant v. Attorney-General of British Columbia (Defendant) Respondent Supreme Court of Canada Judgment: December 15, 1961 Family Law — Family… Read more

Seniors Beware of Care For Life Agreements

Seniors often fall victim to the best of intentioned Care For Life Agreements with a child, that often turn disastrous. I was recently retained by a senior who advanced over $400,000.00 to his only son and his wife. He did so on the understanding they… Read more

Delusions and Testamentary Capacity

Delusions are often overlooked as a cause for lack of mental capacity. I was recently retained by a sister of a deceased person who advised that in her opinion, she had been disinherited from her late brother’s will as a result of his cocaine abuse…. Read more

Mental Capacity And Marriage

Mental Capacity And Marriage

The law is currently in error with respect to this area, stating that only a low level of capacity is required for marriage. I question in light of that, why about one quarter of lawyers earn their keep trying to get people out of the… Read more