S.46 WESA: When Gifts Cannot Take Effect
September 22, 2019 No Comments
S.46 WESA applied to the following simple fact pattern that I recently met: A will left everything to my children in equal shares, share and
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Resulting Trust Applies to Joint Tenancy Survivorship
March 3, 2019 No Comments
Bergen v Bergen 2013 BCCA 492 at paragraph 42 states that when a property is purchased by one party, but held in joint tenancy, there
Loan or Gift Amongst Families
August 26, 2018 No Comments
Zellweger v Zellweger 2018 BCSC 1227 discussed inter alia the criteria for determining if monies advanced within the family context are a loan or a
S.46 WESA: Priorities of Distribution When Gifts Fail
August 25, 2018 No Comments
Terezakis Estate 2018 BCSC 805 discusses section 46 of WESA relating to an interpretation of the residue of a will that dealt with its interpretation
No Ademption of Gift in Will
August 13, 2018 No Comments
Re Wood Estate 2004 BCCA 556 at para. 1 describes the doctrine of ademption as “ a rule of the law of wills, whereby a
How to Defeat a Testamentary Gift: Beneficiary Fraud
April 28, 2018 No Comments
“Fraudulent beneficiaries” has arisen in a claim that I am aware of currently before the courts, where it is alleged that the deceased was fooled
When The Presumption of Undue Influence Arises
April 21, 2018 No Comments
Burkett v Burkett Estate 2018 BCSC 320 held that the presumption of undue influence in gifts arises in circumstances where the relationship between the parties
The Presumption of Advancement In BC May Be Dead
August 1, 2017 No Comments
HCF v DTF 2017 BCSC 1226, a divorce case, traces the historical roots of the presumption of advancement and finds that it is an outmoded
The Presumption of Resulting Trust
July 20, 2017 No Comments
The BC Appeal Court in Winstanley v Winstanley 2017 BCCA 265 ordered a new trial on the basis that the trial Judge erred in his
Loan or Gift Within the Family?
June 20, 2017 No Comments
ABP v KGW 2017 BCSC 977 provides a template of the criteria a court will examine in determining if a gratuitous advance of monies or property within