The Presumption Against Intestacy

Presumption Against Intestacy In Wills Interpretation Re Murray Estate 2007 BCSC 1035 has been previously blogged by disinherited.com and is a good case relating to the rules of construction in interpreting a will. One of the golden rules of wills interpretation is that the court… Read more

Tracing and Accounting For Assets

Tracing & Accounting For Assets It is very common in estate litigation that the form of an asset may change substantially over a period of time. For example a bank account of cash can be converted into a stock portfolio, which in turn can be used… Read more

Administrator Removed For Misconduct -With Special Costs

  Sahota v Sandhu 2012 BCSC 552 is an example of a very straight forward court application to remove and replace a court appointed estate administrator who flagrantly acted in breach of his duties. His actions were clearly so egregious that there was little surprise… Read more

Executor Must Remain Neutral In Estate Litigation

Estate Litigation Ketcham v Walton 2012 BCSC 175 involved an application by the executor for directions pursuant to section 86 of the Trustee act for an order authorizing the executor to follow the provisions of the deceased’s  last will to defend any wills variation action… Read more

How To Value Life Estates Land

Life Estates Land Life estates, also known as life interests, are a well-established part of estate planning. The owner of a life estate (“the life tenant”) has the right to occupy, use and deal with real and/or personal property for his or her lifetime. When… Read more

executor fees reduced

Executors Fee Slashed By Court For Mis-Management of Estate

Executors Fee Slashed By Court Re Stolarchuk Estate 2011 BCSC 1681 discusses the various principles involved in the calculation of an appropriate remuneration for an executor who mismanaged the estate assets. The deceased died in October 2004 leaving his estate consisting primarily of her house… 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

Co-Executor Trustee Removed For Lack of Co Operation With Other Executor/Trustee

Levi- Bandel v Talesiesin Estate 2011 CarswellBC 384 is a good example of what disinherited.com perceives as an increased willingness by the courts to remove obstructive and uncooperative executors and trustees in the interests of the beneficiaries. The deceased estate was managed by 2 co-executrixes… Read more

Lost Wills and the Presumption of Revocation

Lost Wills and the Presumption of Revocation An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the courts will be more willing to allow copies of wills as proof of the testator’s intention to more… 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

Compensation For Executors and Trustees in British Columbia

Compensation For Executors and Trustees in BC Many issues in estate litigation arise that pertain to the appropriate amount of compensation for executors and trustees. The first place to start for the answer is the Trustee Act of British Columbia. If the will or trust… 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

Executor/Trustee Personally Liable To Beneficiary For Unauthorized Payments from Estate Assets

Executors and trustees can be personally liable to beneficiaries for improper or unauthorized payments from estate assets. The Brown v Brown 2011 BCSC 649 is a good example of that principle of law.

Torn Up Will Admitted to Probate

Will Admitted to Probate In Jorsvik Estate, Re 2011 BCSC 528 ,after the testatrix’s death, her daughter found her torn up will at the care center where her step father had resided for the previous several years.

Disbarred lawyer

Disbarred Lawyer Loses Mother’s BC Estate Case

Cameron, as administrator of the Estate of Sophia Ewachniuk v Ewachniuk 2011 BCSC 395 is the fascinating sequel of disbarred lawyer Ted Ewachniuk’s continued litigation with his two sisters. In a previous trial involving the same parties, Hix v Ewachniuk 2008 BCSC 811, affirmed 2010… Read more