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

Mom always loved you best

Mom Always Loved YOU Best is an expression that many boomers grew up with.   The Smothers Brothers said it every show.   Trevor Todd of disinherited.com has a sticker with the expression on the back of his Smart car, and frequently notices other driver’s… Read more

Lawyers Risk Much When Taking Contingency Fee Cases

Contingency Fee Cases Are Risky for the Lawyer, with  very Little risk for the Client. Contingency fee agreements with  a lawyer where the lawyer only earns a fee based on assets recovered, is commonly known as ” the poor man’s key to the court room“. The… Read more

The Top Five Reasons Why Families Fight Over Inheritances

Why Families Fight Over Inheritances? In “Blood and Money: Why Families Fight Over Inheritances and What to Do About It, “author Mark Accettura draws on his experience of 30 years of research in the fields of evolutionary psychology, gerontology, psychiatry, Gen. psychology and neuropsychology into… Read more

Testimonials From Clients are Appreciated

Disinherited.com has received many wonderful thank yous over the years. Many of them are on our website under Testimonials. We received this one today from Pat, who lives many thousands of miles away. We thought we would mention her kind words  in today’s blog .  … Read more

A Beacon of Hope in the Practice of Law

A Beacon of Hope Did you know that of all women called to the bar in 2003, only 66 percent retained practising status in 2008 in comparison with 80 percent of men called in the same year? Did you know the trend in BC is… Read more