Contesting Estates

Breach of Trust

Executor Denied Fees For Breach of Trust

Executor Denied Fees For Breach of Trust

An executor/trustee who has committed a breach of trust may be denied fees for such egregious behavior. The court has…

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Mortgage Obtained By Fraud Not Valid

Le v Chan ( Trustee) 2023 BCSC 1654 confirmed the…

Vancouver Estate Lawyer - Trusts Basics

Trevor Todd and Jackson Todd have over 60 years experience…

Attorney Cannot Transfer Parent's Assets to Protect Parent's Finances

An attorney cannot transfer all of the funds to another…

The Obligations of a Trustee

Chung v Chung 2022 BCSC 1592 examined the legal obligations…

The Power of Attorney Act

Sazarynick v Skwardchuk 2021 BCSC 443 reviewed how much of…

The Test For a Fiduciary Relationship

At the highest level of generality, a fiduciary must act…

Common Law Spouse Claims

Termination of a Marriage-Like Relationship

Termination of a Marriage-Like Relationship

The BC Court of Appeal in Robeldano v Queano 2019 BCCA 150 reviewed the law as to when a person…

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Marriage Like Relationships: Mutual Intent Not Necessary

The BC Court of Appeal in Mother 1 vs Solus…

When Does a Marriage -Like Relationship Begin

In order to determine what property constitutes family property the…

Wife Substituted as Executor: Courts Declaratory Powers

Re Rattray estate 2019 BC SC 1611 used the courts…

Marriage Annulment For Non-Consummation

An Ontario decision Razavian v Tajik 2019 BCSC 5662 granted…

Profanity Doesn't Terminate Marriage Like Relationship

Re Landriault Estate 2019 BCSC 1089 held that one party…

“Marriage-Like" Relationship Criteria

DN V MR 2019 BCSC 53 is another decision that…

Contested Wills

Wills Variation: No Presumption of Paternity

Wills Variation: No Presumption of Paternity

There is no presumption of paternity in British Columbia in wills variation cases so paternity must therefor be proven. Under…

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Deliberate Destruction of Evidence ( Spoilation)

The deliberate destruction of material evidence occasionally occurs in estate…

Forgery and Handwriting Analysis

 I commonly receive estate enquiries where the enquirer strongly asserts …

The Difference Between a Mirror Will and a Mutual Will

In my experience, there is a lot of confusion amongst…

Mental Capacity to Make a Will

Jung Estate v Jung Estate 2022 BCSC 1298 reviewed the…

Appointing an Administrator of a Will

Berlinguette Estate 2022 BCSC 1098  discussed the criteria for appointing…

Executor and Proving the Will in Solemn Form

When the validity of a will is in question, the…

Fraudulent Conveyance

Understanding the Fraudulent Conveyance Act

Understanding the Fraudulent Conveyance Act

The British Columbia  Fraudulent Conveyance Act is a  statute designed to give a remedy to creditors frustrated in collecting their debts…

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BC Estate Lawyer- Was There a Settlement?

Trevor Todd and Jackson Todd have over sixty combined years…

BC Estate Lawyer- Power of Attorney Does Not Allow Gifts

Trevor Todd and Jackson Todd have over sixty combined years…

BC Estate Lawyer-S. 58 WESA-Is It a Will?

Trevor Todd and Jackson Todd have practiced estate litigation for…

BC Estate Lawyer- Joint Tenancy Severance

Jackson Todd and Trevor Todd have over sixty years experience…

BC Estate Lawyer - Removing a Notice of Dispute

Trevor Todd and Jackson Todd have practiced estate litigation for…

BC Estate Lawyer - Court Costs and Full Indemnity

Trevor Todd and Jackson Tod have practiced contested estates for…

Intestacy

The Presumption Against An Intestacy

The Presumption Against An Intestacy

There is a strong presumption against an intestacy in the construction/interpretation  of a  will that a testator did not go to the trouble and expense…

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Spousal or Child Support After Death

Bouchard v Bouchard 2018 BCSC 1728 dismissed an application for…

Wills Drafting 101

The cardinal rule of wills drafting is that there is…

S.46 WESA: Priorities of Distribution When Gifts Fail

Terezakis Estate 2018 BCSC 805 discusses section 46 of WESA…

Duties and Liabilities of Executors / Trustees

The duties and potential liabilities for executor/trustees can be onerous…

Wills Variation: Adopted Out Children Have No Claim

In British Columbia a child who has been adopted out…

Pet Law: Everything to Fido

In the early 1990s I was consulted by executors of a…

Legacies Left in Wills

The 3 Types of Gifts in Wills

The 3 Types of Gifts in Wills

Will makers rarely appreciate that there are 3 types of legacies (Gifts In Wills) that can be left in a will:  general, demonstrative…

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Racism and Discrimination In Estates

In the spirit of testamentary autonomy, will makers often attempt…

Children Born After Death of the Testator

I recalled learning “en ventre sa mere” in law school…

What Makes It a Will?

Quinn Estate v Rydland 2019 BCCA 91 visited the old…

Wills Drafting: The Myth of the “Simple Will”

It must be stressed that any document that has consequences…

Wills Variation Explained

JR v JDM 2016 BCSC 2265 explained the criteria in…

Wills Drafting 101

The cardinal rule of wills drafting is that there is…

Loan or Gift

Loan or Gift Amongst Families

Loan or Gift Amongst Families

Zellweger v Zellweger 2018 BCSC 1227 discussed inter alia the criteria for determining if monies advanced within the family context…

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Vancouver Estate Lawyer - Gratuitous Transfer Is Gift

Trevor Todd and Jackson Todd have over sixty years combined…

BC Contested Estates Lawyers- Gifts vs. Resulting Trusts

Trevor Todd and Jackson Todd have handled contested estate matters…

Vancouver Estate Lawyer - Joint Accounts and Adult Children

Trevor Todd and Jackson Todd have over 60 years experience…

Donative Intent and Gifts

Hsu v Hsu 2023 BCSC 683 discussed the law relating…

BC Lawyer- Loan or Gift From Mom/ Dad To Newly Weds

Trevor Todd and Jackson Todd have over sixty years combined…

Vancouver Estate Lawyer-Gifts From Parents to Adult Children

Trevor Todd and Jackson Todd have 60 years combined experience…

Lost Wills

Dealing with Lost Wills

Dealing with Lost Wills

An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the…

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Presumption of Revocation of Lost Will Rebutted

In Re Galloway Estate 2023 BCSC 1204 the presumption of…

Presumption of Revocation and Lost Wills

Re Bennett Estate 2023 BCSC 559 discussed the presumption of…

Safeguard Your Original Will

It is important to safeguard ones originally signed the will…

Revocation of Wills Post WESA

The introduction of the Wills Estates and Succession act (WESA)…

What Happens When You Lose Your Will?

What happens when you lose your will? Many people, in…

Copy of Will Probated

Under certain circumstances a copy of a will rather than…

Probate Litigation

Revocation of a Grant of Probate

Revocation of a Grant of Probate

The leading case in British Columbia on the revocation of a grant of probate is Desbiens v Smith Estate 2010…

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Vancouver Estate Lawyer- Interim Distributions From the Executor

Trevor Todd and Jackson Todd have handled contested estates including…

Previous Wills Ordered Produced

In DeContiis v DeContiis Estate 2023 BCSC 2163 , a…

Examinations For Discovery and Their Limits

Brown v Fisher 2023 BCSC 2070 dealt with an application…

Judicial Discretion and Appeals From It

Kish v Sobchak 2016 BCCA 65 deals with the court’s…

BC Lawyer-Disinherited. When Do Spouses Separate?

Trevor Todd and Jackson Todd have been doing contested estate…

Severance of a Trial

In civil suits severance refers to the division of a…

Resulting Trust Claims

The Doctrine of Purchase Money Resulting Trust

The Doctrine of Purchase Money Resulting Trust

In Nishi v Rascal Trucking 2013 SCC 33 , the court described the doctrine of the purchase money resulting trust…

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Vancouver Estate Lawyer - Gratuitous Transfer Is Gift

Trevor Todd and Jackson Todd have over sixty years combined…

BC Contested Estates Lawyers- Gifts vs. Resulting Trusts

Trevor Todd and Jackson Todd have handled contested estate matters…

Vancouver Estate Lawyer - Joint Accounts and Adult Children

Trevor Todd and Jackson Todd have over 60 years experience…

Vancouver Estate Lawyer - Trusts Basics

Trevor Todd and Jackson Todd have over 60 years experience…

Donative Intent and Gifts

Hsu v Hsu 2023 BCSC 683 discussed the law relating…

Joint Tenancies - Who Gets What on Death?

The transfer of the legal interest in property into joint…

S. 58 WESA – Is it a Will?

Unwitnessed Will Valid: S.58 WESA

Unwitnessed Will Valid: S.58 WESA

Re Riguidel Estate 2017 BCSC 1667 found a signed but unwitnessed will to be valid by invoking the curative provisions…

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Fixing a Will in BC-Digital Will Cured Under S. 58 WESA

Trevor Todd and Jackson Todd have over sixty years combined…

Extrinsic Evidence Admissible To Determine Intention in S. 58 WESA

In Re Hadley Estate 2017 BCCA 311the Court of Appeal…

Court Analysis of S. 58 WESA Application to Cure Defective "Will"

Henderson v Myler 2021 BCSC 1649 refused to invoke S.…

S. 58 WESA Criteria For "Curing" A Defective Will

Re Clarke Estate 2023 BCSC 103 is the latest in…

Medical Records Admissibility and the Remoteness of Time

Re Gibb estate 2021 BCSC 2461 involved inter alia the…

S.58 WESA Allows Extrinsic Evidence Re Intention

Re Chou 2022 BCSC 783 reviewed the test to be…

Testamentary Capacity

Suspicious Circumstances and Testamentary Capacity

Suspicious Circumstances and Testamentary Capacity

It’s important that will drafters be aware of and watch for any suspicious circumstances that might exist when taking will…

At a Glance

Forgery and Handwriting Analysis

 I commonly receive estate enquiries where the enquirer strongly asserts …

Mental Capacity to Make a Will

Jung Estate v Jung Estate 2022 BCSC 1298 reviewed the…

Insane Delusions

I am sure most estate litigators have had a deceased…

Testamentary Capacity, Knowledge & Approval

Jung estate v Jung estate 2022 BCSC 1298 found a…

Testamentary Capacity and Knowledge and Approval of a Will

Nassim v Healey, 2022 BCSC 402 at para. 44 summarized…

Recognizing Dementia

I was told by a geriatric psychiatrist that many people…

Undue Influence

Winning an Undue Influence Case

Winning an Undue Influence Case

A review of case law makes clear the majority of such allegations are dismissed at trial due to insufficient proof.…

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Vancouver Estate Lawyer-Rebutting the Presumption of Undue Influence

Trevor Todd and Jackson Todd have over 60 years experience…

Forgery and Handwriting Analysis

 I commonly receive estate enquiries where the enquirer strongly asserts …

Admissibility of Medical Records

Many types of estate litigation cases such as testamentary capacity,…

Contested Wills Vancouver-Undue Influence and the "Doctrine of Righteousness"

Trevor Todd and Jackson Todd have practiced contested estate law…

BC Estate Lawyer and Undue Influence

Trevor Todd has contested wills successfully alleging undue influence for…

Vancouver Estate Lawyer and Undue Influence

Trevor Todd is a Vancouver estate lawyer who has alleged…

Unjust Enrichment

Unjust Enrichment and Insurance Policies

Unjust Enrichment and Insurance Policies

Moore v Sweet 2018 SCC 52 held that pursuant to the law of unjust enrichment, a constructive trust should be…

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Unjust Enrichment Claim Dismissed For Juristic Reason

Gill v Gill 2022 BCCA 264 upheld the dismissal of…

Unjust Enrichment and Constructive Trusts

Trevor Todd and Jackson Todd have been practicing in contested…

Unjust Enrichment and Insurance Policies

Moore v Sweet 2018 SCC 52 held that pursuant to…

Unjust Enrichment Upheld re: Illegal Contract

Kim v Choi 2020 BCCA 98 held that an Illegal…

Unjust Enrichment Dismissed Against Trust

In Fredericks Alter Ego Trust v Downer 2019 BC SC…

Deceit, Unjust Enrichment and the "Sugar Daddy"

Norkum v Fletcher 2018 BCSC 904 involved as a backdrop…

Will Interpretation

Interpreting the Ambiguous Will

Interpreting the Ambiguous Will

The increasing occurrence of laymen doing their own will, combined with the curative effects of sections 58 and 59 of…

At a Glance

Admission of Extrinsic Evidence in Wills Interpretation Post WESA

Zalechuk Estate 2023 BCSC 523 discussed the modern approach to…

Wills Interpretation - Bequests to Charity or It's Officer

Royal Trust v Welfare Institution of Jews of Athens 2022…

The Presumption of Due Execution

 The court in Re Grace estate 2022 BCSC 1283  reconsidered…

S.59 WESA Order Made After 180 Days Post Probate

Simpson v Zaste 2022 BCCA 208 was an appeal from…

Racism and Discrimination In Estates

In the spirit of testamentary autonomy, will makers often attempt…

Hand Written Alterations to a Will Approved - S. 59 WESA

In an unopposed hearing Re Jamt Estate 2021 BCSC 788…

Will Revocation

Revocation of Wills Post WESA

Revocation of Wills Post WESA

The introduction of the Wills Estates and Succession act (WESA) on March 31,2014 made a few  significant changes to the…

At a Glance

BC Estate Lawyer- Was There a Settlement?

Trevor Todd and Jackson Todd have over sixty combined years…

BC Estate Lawyer- Power of Attorney Does Not Allow Gifts

Trevor Todd and Jackson Todd have over sixty combined years…

BC Estate Lawyer-S. 58 WESA-Is It a Will?

Trevor Todd and Jackson Todd have practiced estate litigation for…

BC Estate Lawyer- Joint Tenancy Severance

Jackson Todd and Trevor Todd have over sixty years experience…

BC Estate Lawyer - Removing a Notice of Dispute

Trevor Todd and Jackson Todd have practiced estate litigation for…

BC Estate Lawyer - Court Costs and Full Indemnity

Trevor Todd and Jackson Tod have practiced contested estates for…

Wills Variation

The BC Wills Variation Act: The Basics

The BC Wills Variation Act: The Basics

Any discussion of the BC Wills Variation Act (now S.60 WESA) requires an understanding of the English common law which…

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Vancouver Lawyer - Wills Variance and Assets Outside of the Estate

Trevor Todd and Jackson Todd have over sixty years combined…

Contesting Wills BC and Wills Variation 2023

disinherited.com has contested wills in BC for 50 years using…

BC Estate Lawyer- Who to Sue in a Wills Variation Claim

Trevor Todd a BC estate litigation lawyer has 50 years…

BC Wills Variation Lawyer and Estranged Children

Trevor Todd has 50 years experience in handling wills variation…

Varying a Will- Vancouver Estate Lawyer-South East Asian Women and Wills Variance

This article was originally posted on the National Post. (…

Bc Estate Lawyer-Wills Variation and "Estranged" Children

Trevor Todd and Jackson Todd have over 60 years experience…