Health Care Decision-Making
The COVID-19 crisis has caused significant uncertainty and raised many questions. One issue that we may not consider until it is too late is health ... Continued
Surprise! A Blog on Secret Trusts
Our office has previously written on the topic of secret trusts. This article will discuss some further case law where attempts were made, both successful ... Continued
Traditional Indian Values Meet Contemporary Standards: How the Courts Address Inequality In Wills
From its beginnings, the Sikh faith was a head of its time and emphasized the equality and dignity of women: From woman, man is born; ... Continued
Costs in Estate Litigation: Different Horses for Different Courses
A common question raised by individuals upon entering litigation is how legal fees will be paid if they are successful in court. In estate litigation ... Continued
Petrick (Trustee) v. Petrick, 2019 BCSC 1319 – Not All Joint Tenancies Are Created Equal
In a recent decision, the Supreme Court of British Columbia has clarified the property interests that may arise when a property is held in joint ... Continued
Deliberate Alterations to a Will: Levesque Estate (Re), 2019 BCSC 927
A recent decision shows how the Court may find a will-maker’s handwritten changes to be legally effective. Whiting a Beneficiary Out of a Will In ... Continued
Successful Result in Halliday v. Halliday Estate, 2019 BCSC 554
In the recent BC Supreme Court case of Halliday v Halliday Estate, 2019 BCSC 554, Clark Wilson LLP was successful in challenging the validity of ... Continued
Robledano v Queano, 2019 BCCA 150 – Further Analysis of Spousal Status Issues
The British Columbia Court of Appeal recently released its judgment in Robledano v Queano, 2019 BCCA 150 (“Robledano”). The case involved an intestate estate, with ... Continued
No need for “encyclopedic knowledge” when a will-maker recounts their assets
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 (“Quaggiotto”) helps to clarify the level of knowledge courts expect a ... Continued
What Obligations are Owed by a Testator to a Deceased Person’s Estate?
In the Court’s determination of a wills variation claim and what is “adequate, just and equitable”, the Court will consider legal and moral obligations owed ... Continued
Resulting and Constructive Trusts: A Question of Intention
Two recent decisions from the Supreme Court of British Columbia illustrate the importance, and difficulty, of determining the intentions someone who transfers property when ownership ... Continued
The Tests for Undue Influence for Testamentary Gifts and Inter Vivos Transfers
Background In Seguin v. Pearson, 2018 ONCA 355, the appellant appealed an Ontario Superior Court of Justice decision in which the trial judge dismissed her ... Continued