Equity Protects Unpaid Vendor’s Liens

Unpaid Vendor’s Liens Hall v Hall 2015 BCCA 96 reviews the law of equitable vendor’s liens, which is similar to the law of resulting trusts, in that if you receive a significant benefit or gift, equity intervenes to scrutinize the transaction, based on the presumption… Read more

What Evidence Courts Examine to Determine if a “Free Transfer” Is a Gift or Not

Schouten Estate v Swagerman-Schouten 2014 BCSC 2320 examines the range of evidence and its significance when attempting to determine the intention of the donor when he transferred title to his farm to himself and one of his 6 children as joint tenants in 1995. In the… Read more

Credibility in Gift vs Resulting Trust Actions

Credibility in Gift vs Resulting Trust Actions One of the most common types of estate litigation is the conflicting stories of one party testifying that the asset was gifted to him or her, while others in the family argue resulting trust, and the Judge must… Read more

Deceased Beneficiary May Claim Wills Variation (WESA)

A Wills Variation Action  ( S. 60 WESA) may Be commenced even after death of Disappointed Beneficiary by his or her personal representative as per Currie Estate v Bowen ( 1989) 35 BCLR (2d) 46. In that case the husband died six weeks before his… Read more

Resulting Trust Presumption Applies to Real Property

Resulting Trust Presumption   The decision Schouten Estate v Swagerman- Schouten  2014 BCSC 2320 confirmed the case law that the law relating to resulting trust presumption law also apply to real property (land).   There had been some issue in law at one time due… Read more

Transferor’s Intention Is Key to “Right of Survivorship”

The Transferor’s Intention when the “gift” in dispute was created is the key indicator as to whether a right of survivorship is valid or not as 2013 BCCA 492 Bergen v. Bergen reviews leading case law confirms. the case involved a dispute between respondents and… Read more

Winning an Undue Influence Case

In my experience in estate litigation, probably the most difficult issue to win at trial is that of undue influence. A review of case law makes clear the majority of such allegations are dismissed at trial due to insufficient proof. Frequently the court simply finds… Read more

What the Court Needs to Know to Win a Wills Variation Action

S 60 of WESA allows the court to exercise its discretion re the claims of spouses and children against the assets of a deceased’s estate, on the basis that they were not adequately provided for in the estate.   The right to bring a Wills… Read more

Wills Variation Act Not Affected By WESA

The original plan for WESA was to restrict the right of an independent adult child to bring a claim against his or her parents estate on the basis that he or she will was not adequately provided for. A great deal of discussion took place… Read more

Mistakes In Wills and How To Fix Them

    Mistakes in wills are frequently made and then subsequently not discovered until typically many years later after the passing of the will maker. The usual types of mistakes  break into two areas- that the will was not properly executed in accordance with established… Read more

Interest Is Claimable on Lump Sum Wills Variation Awards

While it is much more common for courts to award a percentage of the residue of an estate to a wills variation claimant, it does on occasion occur where the court will order a lump sum award which may include interest..   That is a… Read more

Court Divides Estate Equally Between Son and Neighbours -Wills Variation Act

The Court Divides  Estate Equally Between Disinherited son and a long time friendly neighbour in wills variation action: Moore v. Drummond, 2013 BCSC 1762   [4] The new will, dated January 18, 2010, said : 7. My reasons for providing for my neighbours, CASEY MOORE and CLARA… Read more

contemplation of marriage

Will In Contemplation of Marriage

Prior to the WESA legislation in BC prior to  March 31, 2014 a marriage revoked an existing  will unless the  will was made in contemplation of marriage.   The BC Appeal court in MacLean Estate v. Christiansen, 2010 BCCA 374dealt with the matter.   The BCCA… Read more

Ryan Fights For the Warhol of Farrah Fawcett (worth maybe 12 million)

Ryan O’Neal testifies about disputed Warhol portrait of Farrah Fawcett Love is never having to say your sorry, and that she gave me the $12 million dollar painting that I talk to each day so I own it and not the claimant University, says Ryan… Read more

Where There Is a Cult, There Is Undue Influence

Undue Influence and Cults In recent years there have been a rash of news stories about people who have escaped from various cults, sects, communes or other extremely private organizations ,such as Scientology. Today’s news brings the story of a Marxist commune in South London… Read more