Vancouver Estate Litigator- Separation Principles

In Family Law Matters

Trevor Todd and Jackson Todd have over 60 years combined experience in handling estate disputes including when spouses have separated

The law does not require a meeting of the minds to find an intention to separate. All that is required is an intention of one spouse to separate and action consistent with the intention. Nearing v Sauer 2015 BCSC 58 at para. 54, HSS v SHD 2016 1300 at para. 40;

2. The law does not require an unequivocal communication of separation by one spouse to the other. The court has to assess on the totality of the evidence whether one spouse had a settled intention to separate and communicated that intention through conduct to the other spouse. HSS at para. 42;

3. The mere living separate and apart of spouses because of enforced long term residential medical care is not conclusive of an intention to end the matrimonial relationship, nor of an intention to separate permanently Dediluke v Dediluke 2000 BCDSC 487 at para 65, Cole v Cole 2016 BCSC 716

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 50 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.