Abandoned “Love Child” Fights Back

Austin v Les 2006 BCSC 2100 is a wills variation case where disinherited.com was the plaintiff’s counsel representing a 62-year-old daughter of the deceased person who was essentially given away to be raised by others. Marg Austin was born at a time when it was… Read more

Independent Legal Advice and Rebutting A Presumption of Undue Influence?

Independent Legal Advice Modonese v Delac Estate 2011 BCSC 82 has a very interesting discussion on whether or not independent legal advice will rebut a presumption of undue influence where that presumption might exist. The function of independent legal advice is to remove a taint… Read more

Bequests To a Non Existent Person

Gertrud Eberwein ( Re Eberwein Estate 2012 BCSC 250) and her very deficient will, made a bequest to a non existent person. Yesterday’s blog related to what happened to her bequest to a Charity that she had previously donated to, but no longer existed at… Read more

Charity No Longer Exists, So Wills Bequest Lapses Into Residue

Wills Bequest Lapses Into Residue Our previous blog related to the wills interpretation issues related to the Eberwein Estate 2012 BCSC 250. One of the issues involved in the interpretation of this will related to a charitable gift to an organization called Aid to Animals In… Read more

A Summary of the Principles Relating to the Interpretation and Construct of Wills

Interpretation and Construction of Wills The Estate of Gertrud Eberwein 2012 BCSC 250 is an excellent example of a wealthy person dying with a poorly drafted will that needs interpretation and construction by the court. The deceased died in 2010 at age 85 years. She… Read more

Disclaimer – “Thanks, But No Thanks”

Disclaimer- Thanks, but No Thanks What do you do when a formerly beloved relative dies, bequeathing to you a piece of swampland polluted by atomic waste?  Must you accept this “gift”? The legal answer is clearly “No” so long as you disclaim the gift in… Read more

Construction of Wills – Grandchildren and Great Grandchildren Restricted to Legal Descendants

Construction of Wills Re Lang 2011 BCSC 972 involved a court application for an interpretation of the commonly used words “grandchildren” and “great grandchildren” that were used in the testator’s will. The testator divided the residue of her estate to her grandchildren and great-grandchildren. At… Read more

Court Will Not Order Production of Drafting Lawyer’s Will File in Wills Variation Claims

Production of Drafting Lawyer’s Will File It is very common in estate litigation for the party attacking a will to want production of the drafting lawyer’s will file relating to the taking of instructions, preparation of, and execution of the deceased’s last will. As a… Read more

Undue Influence General Principles

Undue Influence General Principles, When clients approach disinherited.com with respect to suspicions that undue influence was exerted upon the deceased, I am mindful of two conflicting principles: 1. in my in my experience, “where there is smoke there is fire”, so their suspicions are probably… Read more

BC Will Contested For Interpretation of Its Meaning

Re Brookes estate 2011 BCSC 1606 involves a hand written half page  BC will, in  which the testator   appointed his brother as executor and provided: ” I leave my property  ( address stated) to my brother executor with power of attorney. Also my accounts at Royal Bank… Read more

Agreements Not to Revoke a Will

Binding Agreement Not to Revoke Will Kayne v Wright et al  2012 BCSC 119 is an excellent example of “mutual wills” which on occasion arise in estate litigation disputes. The general principle in law is that a will is always revocable. Most married couples execute… Read more

Presumption of Undue Influence Can Apply to Parent/Adult Children Relationships

Presumption of Undue Influence There are many court cases that define undue influence, and most state something to the effect that the influence must overbear the will of the person influenced so that in truth what she or he does is not his or her… Read more

Wills Variation Claim Won By 91 Year Old Spouse

Wills Variation Claim Won By 91 Year Old Surviving Spouse Mars v Bain Estate 2011 BCSC 1714 involves a claim brought by a 91-year-old female spouse who had lived in a marriage like relationship with the deceased for the last nine years of his life…. Read more

Will Varied To Provide Equal Share to Disinherited Gay Child

Disinherited Homosexual Children and the Wills Variation act I came across the decision  Patterson v. Lauritsen (1984) 6 WWR 329, and was pleasantly surprised to learn that as” far back” as 1984, the BCSC varied a will to provide an equal share to a disinherited… Read more

Son Wins Wills Variation For Marrying Spouse Whose Race Mother Disapproved

Son Wins Wills Variation For Marrying Spouse Lowres v Lowres 17 ETR 281, is another wills variation case from 1984 that is still very much the current and applicable law in British Columbia today. It relates  to an adult child independent  child contesting a will in BC… Read more