Loan or Gift?
April 24, 2016 No Comments
In family environments it is often very difficult or near impossible for third parties such as a court to easily determine if that parental advancement
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Breach of Trust: Are You Personally Liable as a Trustee?
April 7, 2016 No Comments
A breach of trust occurs when the trustee’s duty to act precisely within the terms of his obligations is not fulfilled. If he fails in
Gratuitous Land Transfer is a Trust
January 20, 2016 No Comments
McKendry v McKendry 2015 BCSC 2433 dealt with a very common fact pattern in estate disputes- where a parent puts the property in joint names
Fiduciary Cannot Avoid Liability By Delegating
April 23, 2015 No Comments
The Sas Law Society reasons for judgment re unprofessional solicitor conduct, repeated a basic rule of trusts-( 2015 LSBC 19, April 20,2015 at paragraph 220)- a trustee
Equity Protects Unpaid Vendor’s Liens
March 18, 2015 No Comments
Unpaid Vendor’s Liens Hall v Hall 2015 BCCA 96 reviews the law of equitable vendor’s liens, which is similar to the law of resulting trusts,
What Evidence Courts Examine to Determine Gift or Not
March 10, 2015 No Comments
Schouten Estate v Swagerman-Schouten 2014 BCSC 2320 examines the range of evidence and its significance when attempting to determine the intention of the donor when he
Credibility in Gift vs Resulting Trust Actions
February 28, 2015 No Comments
Credibility in Gift vs Resulting Trust Actions One of the most common types of estate litigation is the conflicting stories of one party testifying that
Resulting Trust Presumption Applies to Real Property
February 26, 2015 No Comments
Resulting Trust Presumption The decision Schouten Estate v Swagerman- Schouten 2014 BCSC 2320 confirmed the case law that the law relating to resulting trust
Transferor’s Intention Is Key to “Right of Survivorship”
August 26, 2014 No Comments
The Transferor’s Intention when the “gift” in dispute was created is the key indicator as to whether a right of survivorship is valid or not
Executor Ordered to Repay Monies
February 14, 2014 No Comments
Executor Ordered to Repay Monies Back to Estate Paid Out Before Expiration of 6 Month Limitation Stevens v. Wood Estate (Re), 2013 BCSC 2380. Until