Suspicious Circumstances
October 15, 2018 No Comments
An important aspect of challenging the validity of a will due to lack of testamentary capacity is to look for suspicious circumstances which if found
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DRAFTING ERRORS AND THE RULE IN SAUNDERS V. VAUTIER
November 14, 2017 No Comments
Will and court order drafters should be aware of the rule in Saunders v. Vautier, (1841) 41 E.R. 482), a decision of the English courts
Conflict of Law: “Ordinarily Resident”
March 22, 2017 No Comments
Cresswell v Cresswell Estate 2017 BCSC 178 dealt with a conflict of law situation and held that the jurisdiction of the BC court should be
Anti-Ademption Under S 48 WESA
March 7, 2017 No Comments
Forbes v Millard Estate 2017 BCSC 361 discusses and gives effect to S. 48 WESA , known as the anti-ademption provision, when property is disposed
Wills Variation: Disinherited Adult Children vs. Second Spouse
March 3, 2017 No Comments
R. (J.) v M. (JD) 2016 BCSC 2265 summarized the court criteria will consider when deciding the competing moral claim of a disinherited adult independent
Will In “Contemplation of Marriage” Not Revoked
March 2, 2017 No Comments
Pace Estate 2016 BCSC 2306 held that a 2001 will left to “my common law spouse of four years ” was not revoked by their
Statute Barred Debt to Estate Deducted From Beneficiary
March 1, 2017 No Comments
Re Johnston Estate 2017 BCSC 272 upheld the rule in Cherry v. Boultbee which provides that where a legatee of a share of the residue
The Duty of Care Owed By a Will Drafter
February 21, 2017 No Comments
In Korpiel v Sanguinetti (1999) B.C.J. 1048 the court concluded that a will drafter, usually a solicitor or notary, owes no duty of care to
Non Binding (Precatory) Words In Will Not a Trust
February 19, 2017 No Comments
Non Binding (Precatory) words in a will were found not to create a trust that was legally binding on the trustee, but instead that the
BC Wills Variation: Severance of Court Actions
February 10, 2017 No Comments
The Court of Appeal in Johnston v Johnston Estate 2017 BCCA 59 upheld the trial decision found at 2016 BCSC 1388 where an action seeking