BC Appeal Court in 1985 Rules Names of Innocent May Be Protected From The Praying Public

BC Appeal Court Hirt v College of Physicians and Surgeons ( British Columbia) BCCA ( 1985) 3 WWR 350 was one of the first BC appeal court decisions, if not the first, to hold that the infringement of the right of the public to freedom… Read more

Mom Always Liked You Best

It still cracks me up to visualize the cover of 1965 Smothers Brothers 8th comedy album ” Mom Always Liked You Best.” The cover photograph shows Dick surrounded by a dog, a wagon, a scooter and many other toys while Tom is sitting there with just… Read more

Stieg Larsson Tragic Legacy Would Not Occur Under BC Estate Laws

Many of us have now heard the story about how the author of the famous trilogy, (” The Girl With the Dragon Tattoo”)  suddenly died prior his publication and financial success. The truly shocking part of the story is that his common-law spouse of 32 years did not inherit… Read more

Body Snatching Has A Long History

American news this week reported that a woman’s body had been stolen from her grave 16 years after she had been laid to rest in a New Jersey cemetery. She had been 98 when she had been entombed inside a family mausoleum alongside four other family… Read more

“Reading of the Will” Only takes Place in Movies and Cartoons

We have all seen movies, television shows, and cartoons that depict anxiety ridden prospective beneficiaries typically gathered in a dark paneled lawyer’s office for the so-called “reading of the will”, usually by the lawyer. In 38 years of practice, disinherited.com has  done this once, and only… Read more

Steven Covey RIP- The 7 Habits of Highly Effective People

It may be slightly off the mark for an estate litigation blog to write about the passing of Steven Covey, but it remains that his thought provoking ideas about how one ought to approach work ,and life in general, to become a highly effective person, are… Read more

Battered Person Syndrome

The United Nations Development Fund for Women estimates that at least one of every three women globally will be beaten, raped or otherwise abused during her lifetime. In most cases, the abuser is a member of her own family.   Today’s purpose is not to… Read more

25 Tips For Drafting Better Wills and Minimizing Liability

25 TIPS   FOR DRAFTING BETTER WILLS and MINIMIZING LIABILITY   1.        Take your time. Be cautious. Seriously consider charging your actual time on a Wills file. If your client objects, then educate the client about the amount of time needed to prepare a… Read more

Use Technology to Gather Evidence In Estate Litigation

Evidence In Estate Litigation One of the greatest hurdles that plaintiffs estate litigators face is gathering evidence to prove to a court what one strongly suspects occurred prior to the death of the deceased. The deceased is obviously not in a position to testify, and… Read more

Sexual Abuse Cases Are Different From Other Victims of Crime

Sexual Abuse Cases After having done estate litigation cases for almost 40 years, and exclusively for the last almost 20 years, I am continually amazed at the number of disinherited adult children assert that they were sexually abused by a parent, usually a stepfather, adopted… Read more

Adopted Ex-Husband Not Entitled to Share of Gore-Tex Fortune, Delaware Court Rules

Novel and interesting estate dispsutes frequently make the news, especially when the fight is over family fortunes. The Gore-Tex water proof founder recently died leaving an  estate that has $3 billion in annual sales. The following was taken from the Globe and Mail,  May 24.12… Read more

Equity

In brief, equity is the conscience of our common law system. It is a series of rules and remedies developed by the English Courts of Chancery (aka  Courts of Equity) which historically grew up parallel to the English Courts of Law. Even after the merger… Read more

Law Firm Denied Fees For “Unclean Hands”

  Chudy v. Merchant Law Group, 2008 BCCA 484 illustrates the interplay of legal and equitable principles, and the role of equity in the doctrine of “unclean hands”. By way of background, Mr. Chudy was seriously injured, while a passenger, in a motor vehicle crash. … Read more

Missing Persons Part 2 – Presumption of Death Orders

Missing Persons and Presumption of Death- Part 2 The horrendous death tolls in  recent years from tsunamis, natural disasters, and murder unfortunately raise interesting legal questions. The bodies of many of the victims remain missing and may never be recovered. Public officials have simply presumed… Read more

Missing Persons – The Curator

Sometimes people go missing  in circumstances where there is insufficient evidence or insufficient time elapsed to apply for an order of presumption of death. In such circumstances, counsel will wish to consider appointing a curator under the provisions of the Estates of Missing Persons Act. Essentially,… Read more