Tag: probate

Damage Assessments on Appeal

January 26, 2017 No Comments

“An appellate court will not interfere with a trial judge’s assessment of damages unless he or she erred in principle of law, misapprehended the evidence,

Dementia disease

December 8, 2016 No Comments

An epidemic of dementia disease is predicted to occur within the next 15-20 years. The most common types of dementia disease such as Alzheimers, frontotemporal

The Law of Mistake

December 7, 2016 No Comments

Teather v Kawashima 2016 BCSC 2231 involved litigation where the defence of mistake was argued and the Court reviewed the law. When parties are negotiating

Fertility and WESA

November 28, 2016 No Comments

A deceased husband’s frozen sperm at a fertility centre was declared to be personal property under WESA and previous case law and thus could be inherited by

Who Can Be an Expert Witness?

November 18, 2016 No Comments

The complexity litigation issues has increased the need and use of expert witnesses, and just who can be one is sometime an issue in itself.

Copy of Will Probated

November 17, 2016 No Comments

Under certain circumstances a copy of a will rather than the original, may be admitted to probate as the last valid will of the deceased.

Laches

November 15, 2016 No Comments

Laches was discussed and rejected by the court in Grewal v Khakh 2016 BCSC 2055, where the court quoted the Supreme Court of Canada: 52 In

Gifts In Contemplation of Death

November 14, 2016 No Comments

Deathbed gifts happen surprisingly often. It is relatively common for people, during their last days, to make sizable gifts to caregivers and loved ones. Frequently

Wills Variation-Assets Passing Outside of the Estate

November 12, 2016 No Comments

generally speaking, claimants do not have a claim against assets that pass “outside” of the estate in wills variation claims. The exceptions are if the

Proper Estate Expenses

November 4, 2016 No Comments

Re Vince Insurance Trust 2016 BCSC 1992 reviewed the law as to what constitutes proper estate expenses such that the executor would be entitled to