The Sensitive Issue of Burial
Issues surrounding the control of human remains and burial sites may involve substantial emotional, cultural, and legal issues. Most relevant provincial legislation across Canada gives ... Continued
The Executor’s Year
For those involved in estate administration there is, from time to time, reference made to the “executor’s year.” The following will discuss two questions which ... Continued
Legal Trend: evidence of testamentary intent can ‘save’ otherwise invalid wills or gifts
Background The recently reported case of Bach Estate (Re)[1] is the first decision to rule on section 43 of the Wills, Estate and Succession Act[2] ... Continued
The law on out of province Litigation Guardians in BC
Under the BC Supreme Court Civil Rules (“SCCR”) a proceeding brought by or against a person under legal disability must be started or defended by ... Continued
Which Jurisdiction’s laws will govern your estate?
Introduction In our globalized world, it is not uncommon for people to own property or have residences in multiple jurisdictions. The international aspect of a ... Continued
Court Rejects Disinheritance of Children based on “Invalid” Reasons
“Testamentary freedom” is the notion that a will-maker (or “testator”) is entitled to divide her property upon death however, and to whoever, he or she ... Continued
Committeeship Applications: the Uragi Case
A growing area in estate litigation is committeeship applications. A committee is a person or institution who is appointed to make personal, medical, legal and/or ... Continued
High evidentiary threshold to rebut the presumption of resulting trust
Gifts can fail if one does not make their intention to give a gift expressly known.
Estop and Think Before Relying on Future Estate Interests
Recent BCCA case might signal return to more stringent application of the doctrine of proprietary estoppel.
What is a marriage-like relationship?
Wills variation claims often involve claims by persons alleging to be a spouse of the deceased.
Court allows disinheritance of estranged children
Recent case confirms that there are valid reasons for disinheriting a child.
Application of WESA: Date of Death or Date of Will?
Recent case draws hard line for the date that determines the application of WESA.