Disinherited Spouses and Children
A person’s last Will is a very important document. It sets out the Will maker’s intentions for the distribution of all of their property upon his or her death. Once the Will has been probated (proved to be valid), the executor appointed by the Will maker has the duty of paying the debts of the
- Published in Trust and Estate Litigation
Unneighbourly Disputes Between Neighbours
There is a saying that “good fences make good neighbours” and that may be the case for most people. However, in a region such as metro Vancouver where an ever increasing number of people are trying to live on the same finite land base, the potential for ‘unneighbourly’ disputes is also increasing. Disputes are not
- Published in Real Estate and Property Disputes
Joint Property Ownership Disputes
The Purpose of Joint Property Ownership in Vancouver Real estate is among the most valuable assets that the average person will purchase in his or her lifetime. For many, buying a piece of land, a house or a condo involves the pooling of resources with another person. This relatively common scenario can often allow people
- Published in Real Estate and Property Disputes
Trusts & Claims Against Trustees
A trust is created by the “settlor”, who provides the assets of the trust. The legal title to the trust assets is held by a “trustee”. The trustee holds the assets for the benefit of the “beneficiary” of the trust. Many trusts are intentionally created by settlors to achieve specific purposes. Some of the most
- Published in Trust and Estate Litigation
Appointing a Committee (Legal Guardian) for an Incapable Person
What Is an “Incapable” Person? When an adult person due to illness (such as dementia) or a brain injury is no longer able to care for themselves and/or make decisions, a legal guardian can be appointed, known as a ‘committee’. Under the Patients Property Act, two different kinds of legal guardians can be appointed by the
- Published in Elder Law
How Does a Court Decide Whether to Vary a Will?
Under B.C. law, a spouse or child of a person who leaves a will that is believed to inadequately provide support can request that a court modify the terms of the will. Section 601 of the Wills, Estates and Succession Act (WESA) permits the court to change the terms of the will if, in the
- Published in Trust and Estate Litigation
What Are the Signs of Financial Elder Abuse?
Financial abuse affects thousands of older Canadians each year. Sometimes, this abuse is perpetrated by a person in a position of trust, such as a family member or financial professional while, in others, a stranger who befriends the victim is involved. Many older adults are hesitant to report financial abuse because they are embarrassed or
- Published in Elder Law
What Is Examined in Cases Regarding Testamentary Capacity?
British Columbia law sets out many different requirements1 for a last will and testament to be valid and enforceable. For example, the will must be in writing, it must be dated, must be signed and witnessed appropriately, and you must agree with the provisions in the will without feeling pressure or being misled by anyone
- Published in Elder Law
Should You Agree to Be a Trustee or Executor?
If a loved one asks you to serve as trustee1 or executor of their estate, you will likely feel honored that they believe you are reliable and trustworthy enough to watch over their affairs after they pass away. This honorable feeling often leads too many people to rush to answer “yes” without thoroughly considering the
- Published in Trust and Estate Litigation
Disability Policies – Being Totally Disabled May Not Be Enough
In British Columbia, being totally disabled may not be enough to entitle you to benefits under a disability policy as a result of two common disability policy provisions. First, the policy typically defines the policy term “totally disabled” as your being unable to perform substantially the “whole of the duties of your regular occupation” and
- Published in Insurance
Recent Posts
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Case Comment: Holman v Brooke, 2022 BCSC 526
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Registrar’s Hearing-Passing of Accounts
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The Final Phase in Administering an Estate: The Duty to Account and the Passing of Accounts
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Proprietary Estoppel: What remedies are available when someone takes back a promise to transfer property?
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Proprietary Estoppel: When is a Real Property Owner Required to Follow Through on a Promise to Transfer Land to Someone Else?
