Would a British Columbia Court R-E-S-P-E-C-T Aretha Franklin’s Handwritten Will?
By Dani Gorelov and Zachary Murphy-Rogers. A jury in Michigan decided that a notebook with scribbles found in Aretha Franklin’s couch is valid as the ... Continued
The Lawyer’s Daily Interviews Polly Storey
Our Estates & Trusts lawyer Polly Storey has been quoted in a new article from The Lawyer’s Daily, a national publication providing legal news, analysis, ... Continued
There is no Will – What Happens if my Minor Children Survive Me?
Author: Zachary Murphy-Rogers In our previous article, we discussed how the Wills, Estates and Succession Act (WESA) sets out a mandatory distribution scheme for estates ... 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
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
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
Does “Death Do Us Part”? Separating the Living from the Dead in Family Law and Estate Litigation
A recent decision from the Court of Appeal for British Columbia outlines the rights and obligations between spouses in life and after death, and how ... 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 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