Court of Appeal Allows Courts to Interpret Trust Documents

Court of Appeal Allows Courts to Interpret Trust Documents   The almost chestnut re Engleman Estate 1986 23 ETR 30, BCCA, The will of the deceased made his two brothers co-executors and sole beneficiaries. A major asset of the estate was a farm on which… Read more

Probate Procedure When Four Wills In Dispute

Re Dow Estate 2015 BCSC 292 an issue of probate procedure arose  due to the fact that the deceased made four wills in the last 2 1/2 years of his life. The plaintiff was named as a beneficiary in the first and third wills, but not… Read more

Lawyers Questionnaire Admitted Into Probate Will

Garnett Estate v Garnett Estate 2013 BCSC 1731 is an interesting case where pre WESA, a lawyers questionnaire re will instructions was determined by the court to be a valid will and admitted into probate. In this case the executrix brought an action to prove the will… Read more

No Lack of Capacity or Undue Influence – Will Admitted to Probate

Chang Estate v Chang 2013 BCSC 976 is a well considered judgement of Justice Dardi, who had extensive experience in estate litigation prior to her elevation to the Bench. The testatrix,a widow, died in 2007 at age 98. She and her late husband had four… Read more

Administration Durante Absentia

Section 7 of the Estate Administration Act allows the court to appoint a person to administer an estate or part of it where an executor resides out of the province “and it appears to the court to be necessary or convenient by reason of the… Read more

Administration By Attorney

Rule 21 (27) provides for the administration of an estate by an attorney.: “ If a person entitled to administration resides outside British Columbia, administration by attorney, or administration with the will annexed, may be granted to the person or the person’s attorney acting under… Read more

Administration Ad Colligenda Bona

Several years ago disinherited.com had an estate where the deceased had substantial assets that needed protection, while it took in excess of two years to locate his very distant next of kin in the far-off Ukraine. He had died intestate and no person came forward… Read more

What Is Double Probate?

Executors frequently appoint more than one person as his or her personal representative, and on occasion not all parties who are entitled to apply for probate actually do. However at the same time they do not renounce their executor ship and reserve the right to… Read more

Copy of Will Not Admitted to Probate, as No Proof Original Was Ever Signed

Re Whitehead Estate 2010 BCSC 348, the deceased was a founding member of a credit union and a retired bank manager. After his death, a “trued up” copy of will dated December 21, 1979 was found, but the original of that will was never located. Under… Read more

When Can a Will Draftman’s Notes Be Admissible to Interpret a Will Meaning?

Re Hoedl Estate 2012 ONSC 6857 involves the issue of whether the drafting solicitors notes are admissible at a hearing to interpret a will meaning. The executor of the deceased estate was also the solicitor who drafted the will. The executor initially advised of one… Read more

Executor Compensation Is Taxable Unless Gifted In the Will

Disinherited.com has seen innumerable estate disputes concerning the amount of executor compensation and trustee is entitled. Under the Trustee Act in British Columbia, the maximum is 5% and it would appear that most executors feel entitled to claim this amount. Executor compensation can be particularly… Read more

Letters of Administration Revoked For Failing To Satisfy Test of Common Law Spouse

Letters of Administration Revoked For Failure to Prove Common Law Spouse Marriage Like Relationship Souraya v Kinch 2012 BCSC 1252 involves a case where the grant of letters of administration revoked on the basis that the deceased’s alleged common-law spouse,failed to  prove that she met the … Read more

Beneficiary Who Prepared Will Has Heavy Burden

Beneficiary Who Prepared Will and Substantially Benefits has a very heavy burden of proof Cooke v Walsh 1965 (52) WWR 449 is a chestnut of a decision by former Chief Justice Wilson that deserves comment  even 37 years later. The deceased made a will shortly… Read more

Unsigned Draft Will Refused Probate

The only thing surprising about this decision from a British Columbia perspective is that it actually proceeded to court. The solicitor prepared the draft will and advised the deceased in writing that she was to make an appointment to come in and sign it. The… Read more

Who Gets What When There is No Will (Intestate)

What happens when there is no will? My late mother used to tell me even when I was an established estate lawyer that when someone dies without a will, his or her assets go to the government. No matter how hard I tried, I could… Read more