Contesting Estates
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…
At a Glance
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
The BC Court of Appeal in Robeldano v Queano 2019 BCCA 150 reviewed the law as to when a person…
At a Glance
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
There is no presumption of paternity in British Columbia in wills variation cases so paternity must therefor be proven. Under…
At a Glance
BC Estate Lawyer - Removing a Notice of Dispute
Trevor Todd and Jackson Todd have practiced estate litigation for…
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…
Fraudulent Conveyance
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…
At a Glance
Vancouver Estate Lawyer- Handwritten Changes to Will Admitted to Probate
Trevor Todd and Jackson Todd have over 60 years combined…
BC Estate Lawyer- Destroying Evidence ( Spoilation)
Trevor Todd and Jackson Todd have over 60 years combined…
Vancouver Estate Lawyer- Court May Order Interim Distribution in Wills Variation Proceedings
Trevor Todd and Jackson Todd have over Sixty combined years…
Vancouver Estate Lawyer- Removal of an Executor 2025
Trevor Todd and Jackson Todd have over 60 years combined…
BC Estate Lawyer- Trustee's Duty to Retain Records
Trevor Todd and Jackson Todd have over 60 years combined…
Vancouver Estate Lawyer - Court Costs in Estate Litigation Summary
Trevor Todd and Jackson Todd have over 60 years combined…
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…
At a Glance
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
Will makers rarely appreciate that there are 3 types of legacies (Gifts In Wills) that can be left in a will: general, demonstrative…
At a Glance
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
Zellweger v Zellweger 2018 BCSC 1227 discussed inter alia the criteria for determining if monies advanced within the family context…
At a Glance
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
An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the…
At a Glance
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
The leading case in British Columbia on the revocation of a grant of probate is Desbiens v Smith Estate 2010…
At a Glance
BC Estate Lawyer- Destroying Evidence ( Spoilation)
Trevor Todd and Jackson Todd have over 60 years combined…
Vancouver Estate Litigation- Beneficiaries Must Receive Notice of Probate Application
Trevor Todd and Jackson Todd have over sixty years combined…
Vancouver Estate Lawyer- Revocation of Estate Grants
Trevor Todd and Jackson Todd have over sixty years combined…
Vancouver Estate Lawyer - Presumption of Death Orders
Trevor Todd and Jackson Todd have over 60 years combined…
Vancouver Estate Litigation - Undue Influence and Wills Variation Claims Heard at Same Time
Trevor Todd and Jackson Todd have over 60 years combined…
BC Estate Lawyer - Removing a Notice of Dispute
Trevor Todd and Jackson Todd have practiced estate litigation for…
Resulting Trust Claims
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…
At a Glance
BC Estate Lawyer- Gratuitous Transfers- Gift, Loan or Trust
Trevor Todd and Jackson Todd have practiced law re contested…
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…
S. 58 WESA – Is it a Will?
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…
At a Glance
BC Estate Litigation- S 58 WESA "Cure" Refused
Trevor Todd and Jackson Todd have over 60 years combined…
BC Estate Lawyer-S. 58 WESA-Is It a Will?
Trevor Todd and Jackson Todd have practiced estate litigation for…
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…
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
A review of case law makes clear the majority of such allegations are dismissed at trial due to insufficient proof.…
At a Glance
Vancouver Estate Lawyer-Presumption of Undue Influence Applied
Trevor Todd and Jackson Todd have over 60 years combined…
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…
Unjust Enrichment
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…
At a Glance
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
The increasing occurrence of laymen doing their own will, combined with the curative effects of sections 58 and 59 of…
At a Glance
Vancouver Estate Lawyer- Interpreting Ambiguous Wills
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…
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…
Will Revocation
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
Vancouver Estate Lawyer- Handwritten Changes to Will Admitted to Probate
Trevor Todd and Jackson Todd have over 60 years combined…
BC Estate Lawyer- Destroying Evidence ( Spoilation)
Trevor Todd and Jackson Todd have over 60 years combined…
Vancouver Estate Lawyer- Court May Order Interim Distribution in Wills Variation Proceedings
Trevor Todd and Jackson Todd have over Sixty combined years…
Vancouver Estate Lawyer- Removal of an Executor 2025
Trevor Todd and Jackson Todd have over 60 years combined…
BC Estate Lawyer- Trustee's Duty to Retain Records
Trevor Todd and Jackson Todd have over 60 years combined…
Vancouver Estate Lawyer - Court Costs in Estate Litigation Summary
Trevor Todd and Jackson Todd have over 60 years combined…
Wills Variation
BC Estate Litigation: The BC Wills Variation Act: The Basics
Trevor Todd and Jackson Todd have over 60 years experience in handling wills variation disputes Any discussion of the BC…
At a Glance
BC Estate Lawyer - BC Wills Variation Overview
Trevor Todd and Jackson Todd have handled wills variation actions…
Vancouver Estate Litigation - Undue Influence and Wills Variation Claims Heard at Same Time
Trevor Todd and Jackson Todd have over 60 years combined…
Wills Variation BC Canada - An Outline
Trevor Todd and Jackson Todd have over 60 years experience…
Vancouver Wills Variation Lawyer- The Leading Case- Tataryn
Trevor Todd of disinherited.com has 50 years experience in the…
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…