Estop and Think Before Relying on Future Estate Interests
Recent BCCA case might signal return to more stringent application of the doctrine of proprietary estoppel.
What happens if a gift made in a will can’t take effect?
In drafting a will, it is important to consider how future events may impact an estate plan. The concepts of lapse and ademption are two ... Continued
End of Life Health Care Planning – Be Careful What You Wish For
Editor’s note: We are delighted to welcome Geoff White as counsel with our Tax & Estate Planning and Wealth Preservation Groups. Geoff is a highly ... Continued
Court Removes “Ill-Mannered” Administrator, Sanctions Him With Special Costs
A court can remove an administrator if necessary for the welfare of the beneficiaries of the estate.
Compulsory Capacity Assessments in British Columbia
Remarkable advancements in medical care over the past decades have significantly increased the life expectancy of Canadians. However, with this increase in longevity come the ... Continued
BC Court Developing Law on When a Document is a “Will”
Principles to be taken from the first two cases decided under s. 58 of WESA.
Court Orders a Letter to be Effective as the Last Will of the Deceased
Court uses new WESA provision to proivde flexibility in relation to formal requirements of wills.
Dispensing Power of the Court under WESA
The Wills, Estates and Succession Act (“WESA“) is now in force, and we are beginning to see its application in our estate practice. One of ... Continued
Court of Appeal in the position of a Trial Court in Wills Variation Appeals
Appellate courts not required to defer to trial judge except on oral testimony in wills variation cases
BC Court of Appeal Considers Validity of Conditional Donation Made to Charity
Conditional donation found to be valid inter vivos gift.
Text Message Wills?
Although a recent Swedish case rejected a text message will, WESA could give courts the discretion to find them valid
Marc Nadon Appointed to the Supreme Court of Canada (SCC)
Marc Nadon Appointed to the Supreme Court of Canada (SCC)