Petrick (Trustee) v. Petrick, 2019 BCSC 1319 – Not All Joint Tenancies Are Created Equal
In a recent decision, the Supreme Court of British Columbia has clarified the property interests that may arise when a property is held in joint ... Continued
Once a Gift, Always a Gift?
In a decision handed down this week, the Court of Appeal attempted to clarify a question that has frustrated family law practitioners and clients alike: ... Continued
Recent Changes to Pour Over Rules
The British Columbia Court of Appeal has held that a clause in a will directing estate property to be transferred to a trust that was ... 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
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
Ending the “Marriage-Like” Relationship?
In a recent decision, Mother 1 v. Solus Trust Company, 2019 BCSC 200, Justice Myers questioned the relevance of the term “marriage-like relationship”, a central ... Continued
Resulting and Constructive Trusts: A Question of Intention
Two recent decisions from the Supreme Court of British Columbia illustrate the importance, and difficulty, of determining the intentions someone who transfers property when ownership ... Continued
The Tests for Undue Influence for Testamentary Gifts and Inter Vivos Transfers
Background In Seguin v. Pearson, 2018 ONCA 355, the appellant appealed an Ontario Superior Court of Justice decision in which the trial judge dismissed her ... 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
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
Trusts and Estates Freezes Under Part 5 of the FLA – Walking on Thin Ice
Since the coming into force of the Family Law Act, S.B.C. 2011, c. 25 [FLA], much has been written about the implications of the family ... Continued