Legal Definitions and Terms
Stages of Progressive Dementia
Probably the most difficult area of estate litigation has to do with court actions such as lack of mental capacity to make a will, be financial responsible, make a substantial
Deliberate Destruction of Evidence( Spoilation)
The deliberate destruction of material evidence occasionally occurs in estate litigation. The technical term is spoliation. What does seem to occur on a somewhat regular basis in estate disputes is
Examination For Discovery Limited to 7 Hours
Pacific Granite v Jacob Construction 2022 BCSC 2141 refused an application for 4 additional hours of time to examine the opposing party for further examination for discovery. An examination for
Court Inherent Jurisdiction to Prevent Miscarriage of Justice
In Zant v Zant 2022 BCSC 2023 the Court exercised it’s inherent jurisdiction to prevent an abuse of court and miscarriage of justice. During temporary covid court rules, an imposter
Guarantee Claims
What Is a Guarantee? A useful definition of a guarantee is found in Western Dominion Inv. Co. v. MacMillan, [1925] 2 D.L.R. 442 (Man K.B.). Reduced to its simplest terms
The Difference Between a Mirror Will and a Mutual Will
In my experience, there is a lot of confusion amongst the public as to the difference between a mutual will and a mirror will, with the latter often being mistaken
Standing in Partition – Possessory Interest Required
Pallot v Douglas 2017 BCCA 254 dismissed an appeal and held that the appellant did not have standing to apply for partition of a leasehold interest in trust property owned
Court Approval of a Sale
The test to be established by a party seeking approval of sale is whether the sale is provident and the sale was conducted in a business-like manner, as noted in
Alter Ego Trusts
Alter ego trusts are increasingly being used an an estate planning tool for those over 65 years of age. From the perspective of disinherited.com they are typically used by parents
Striking Out Claims, Pleadings, Petitions or Other Documents
Parmar v Sidhu 2022 BCSC 1359 reviewed the law relating to striking out claims, pleadings, petitions or other documents. Rule 9-5(1) states: At any stage of a proceeding, the court