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
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
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
Drafting a Will In Light of the Rule in Howe v. Earl of Dartmouth
When deciding how to distribute property under a will, a will-maker will sometimes wish to delay when those assets are transferred to a particular beneficiary, ... Continued
The Difference between Derivative Actions and the Oppression Remedy
The British Columbia Business Corporation Act (the “Act”) provides different mechanisms for addressing corporate misconduct. Derivative actions and oppressions proceedings are remedies available under the ... 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
Physician-Assisted Death – An Update
Legislative committee publishes recommendations for framework of a federal response to physician-assisted dying.
Solicitor-Client Privilege and the Wills Exception
Solicitor-client privilege is a “fundamental civil and legal right”1 which ensures that communications between lawyer and client are strictly confidential. Neither the lawyer nor the ... Continued
The Even-Hand Rule
Executors must remember their obligation to treat all beneficiaries of a will equally.
Vested versus Contingent Interests
Recent case endorses longstanding preference of holding that an interest has vested, if the language of the will can support that interpretation.
Young Estate (Re) v. Szabo – Is there sufficient evidence that a gift was intended?
Many factors impact the determination of whether a transfer was a gift or created a resulting trust.
Administering an estate while legal proceedings are ongoing
WESA allows courts to appoint a temporary administrator of an estate.