BC CEAS Is a Wealth of Free Legal Information On Elder Law

The BC Centre For Elder Advocacy and Support (BC CEAS) website contains a Wealth of Free Legal Information on Elder Law Issues.   I have taken the liberty of copying their excellent article on basic Power of Attorney information as an example of the quality… 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

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

Dysfunctional Families Are Everywhere

  Dysfunctional families are everywhere.   Some years ago the Vancouver Sun ran a feature on dysfunctional families and  reported that one in three British Columbians expect to be disinherited by their parents. Practising estate litigation for over 40 years, it is easy to believe… Read more

New Family Law Act Expected March 18,2013

New Family Law The Family Relations act will be replaced by the new Family Law act, on or about March 18 next.While disinherited.com does not venture into matrimonial disputes, the fact is that the laws of family and estates are increasingly becoming interwoven, and not… Read more

Claim For Common Law Spouse Status Dismissed

Claim For Common Law Spouse Buell, Buell and Buell v Unger 2011 BCSC 351 involves an intestacy of the deceased and a contest between a purported common-law spouse and his previous wife of 21 years and their two children as to who inherits the estate…. Read more

What Is a Power of Attorney and How Do They Work?

    What Is a Power of Attorney?( POA) The BC Court of Appeal decision in Houston Estate v Houston 2012 BCCA 300 raises a few very good legal issues relating to Powers of Attorneys. Disinherited.com will blog further about this appeal case, but for… Read more

Enduring Powers of Attorney Now Have New Teeth

Following years of consultation, an amended Power of Attorney Act  came into effect on September 1, 2011, and now has “some teeth” in enduring powers of attorney. This new Act brings important changes to the law governing enduring powers of attorney (“EPOA”) i.e.  those which… Read more

New Power of Attorney Act for British Columbia Sets Out Test For Capacity and Duties of the Attorney

New Power of Attorney Act for BC Much of the financial abuse seen by disinherited.com over the years relates to the abuse of a power of attorney by the very person entrusted to be the attorney. After many years in the making, a new Power… Read more

Second Power of Attorney Doesn’t Revoke Prior Power of Attorney, Joint Tenancy Severed with First Power of Attorney

Second Power of Attorney Houston v Houston 2011 BCSC 510 is an example of an estate dispute between the husband’s children from his 1st marriage, and his surviving wife and her children, relating to the use of a power of attorney by the children of… Read more