Category: Trust and Estate Litigation

In Canada, the courts acknowledge the autonomy of a person making a will (known as a “testator”). They are, for the most part, able to dispose and divide their assets as they choose. However, sometimes a spouse or child may feel that they did not receive their fair share of the estate and choose to

A wills variation is an opportunity for a spouse or child of a deceased individual to seek out changes to an existing will. Applying for a wills variation can be complex since the parties involved must prove the reason for such an application. The good news is that under British Columbia’s Wills, Estates, and Succession

The Wills, Estates and Succession Act has significantly changed some portions of British Columbia law affecting wills, estates and inheritances. If you expect to inherit property in the future — or if you’ll leave property to heirs in a will — it’s important to understand the possible ramifications. Lawmakers adopted WESA to modernize rules related

Most people understand the benefits of a will and the problems that can arise in the absence of this critical document. However, many Vancouver residents still do not have a will directing the final disposition of their assets. What should you do if your parent dies without a will? Here’s what you need to know

Property disputes between brothers and sisters or other family members can cause hostility and long-term or permanent damage to relationships. Whether property is jointly inherited or purchased, ensuing conflict and controversy can lead to indelible problems. By working with a lawyer experienced in family property disputes, you gain the best opportunity to resolve the cause

Throughout life, many situations arise in which you may need to appoint someone to act for you in legal and financial matters. Purchasing property, executing contracts, and attending to your personal affairs if you become disabled all stand as reasons you might want to give a designated representative legal authority to act for you. If

A “Power of Attorney[1]” is a legal document through which one person, known as “the donor”, authorizes a second person, known as “the attorney”, to act on their behalf.  The document grants power to the attorney to step into the donor’s shoes and to act on their behalf relative to legal and financial matters. The

What is Undue Influence Section 52 of The Wills, Estates and Succession [1] Act (“WESA”) creates a presumption of undue influence in relation to disputed wills where certain types of relationships exist.  That section speaks to undue influence and provides as follows: “In a proceeding, if a person claims that a will or any provision

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

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