Suspicious Circumstances
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
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
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
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
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
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
Pace Estate 2016 BCSC 2306 held that a 2001 will left to “my common law spouse of four years ” was not revoked by their
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
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 a will were found not to create a trust that was legally binding on the trustee, but instead that the
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