Bouchard v. Bouchard – The Intersection of Estate Law and Family Law
The recent decent of Justice Donegan in Bouchard v. Bouchard, 2018 BCSC 1728, shows the importance of attending to the procedural and substantive law of ... Continued
Various Definitions of “Spouse”
Historically, spouses were those that had undergone a formal marriage ceremony before a religious or secular authority. We now live in a world where the ... Continued
Canadian courts espouse different tests for recognizing spouses: An update
In a recent article on our Estates & Trusts Blog, we considered what constitutes a spousal relationship under section 2 of B.C.’s Wills Estate and ... Continued
Canadian Courts Espouse Different Tests For Recognizing Spouses
Under B.C.’s Wills Estate and Succession Act, SBC 2009, c 13 (“WESA”), a spouse has an interest in a deceased’s estate if the deceased dies ... Continued
The Third Party Beneficiary Rule: Claims By Disappointed Beneficiaries Against A Solicitor
Generally, a solicitor who accepts instructions to draft a will owes a legal duty of care to an intended beneficiary under that will. This duty ... Continued
Estop and Think Before Relying on Future Estate Interests: An Update
Previously, in May of 2016, our firm discussed the decision of Cowper-Smith v Morgan, 2016 BCCA 200 [Cowper-Smith], which signaled a return to a stringent ... Continued
Suspicious Circumstances – Bhalla Estate, 2017 BCSC 1867
In British Columbia, there are three requirements for making a valid will: the will must be validly executed in accordance with requirements set out in ... Continued
Can an Executor be Held Liable For Not Following the Burial Wishes of a Deceased Person?
The Duty To Follow The Wishes of The Deceased and “CIFSA” Upon the death of an individual in British Columbia, unlike other Canadian jurisdictions, there ... Continued
Private Company Tax Proposals: Consequences for Trusts and Estates
Our prior posts in this series gave an overview of the government’s consultation paper, and outlined the paper’s proposals to limit the lifetime capital gains ... Continued
Court Compels Individual To Undergo Mental Capacity Assessments
A “committee” is a legal guardian, appointed by the court, to act for an individual who has reduced capacity. A “committee of estate” acts for ... Continued
Successful Appeal in Presumption of Resulting Trust Case
The Supreme Court of Canada has confirmed that, when assets are transferred from a parent to an adult child without anything given in return, the ... Continued
Is a child born out of wedlock entitled to inherit under British Columbia succession law?
Since 1927, legislation in British Columbia had provided that in cases of intestacy, children born out of wedlock would inherit on the same basis as ... Continued