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
Another leading case by our estates team: Court Confirms Multiple Wills for Business Owners
We recently acted in the first BC court case to confirm that multiple wills may be used to reduce probate taxes for business owners. We ... Continued
Probating a USA Will and BC Assets
Obtaining a grant of probate from the BC court provides assurance for anyone dealing with an estate that the deceased’s will is legally valid and ... 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
Case Comment – S.A. v MVHC, 2017 BCCA 2
This case provided rulings on a few key issues: Is an interest in a discretionary trust an asset? Yes. The interest has no legal value ... Continued
Executor Granted Disclosure of Legal Advice Given to Deceased Will-maker
Solicitor-client privilege is a legal principle that protects, or “privileges”, communications that involve the provision of legal advice between a lawyer and their client, and ... 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.