BC Inheritance Turns on Common Law Relationship Status
In BC, a common law spouse automatically has a right to share in the estate if their partner dies without a will. When do romantic partners become…
Executors Denied Any Fee Despite Will Saying “May Claim” Up to 10% of Estate
The general rule is that an executor is entitled to compensation for their efforts in administering an estate. BC’s Trustee Act providesthat an executor is entitled to…
Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker
In this article we will discuss important points from Gibb Estate (Re), 2021 BCSC 2461 https://www.bccourts.ca/jdb-txt/sc/21/24/2021BCSC2461.htm on mental capacity, validity of wills, and the court’s duty to…
The Legal Costs of BC Committeeship Applications
An application to the BC Supreme Court is necessary for a person to become the guardian or “committee” of an incapable adult. The court application for committeeship…
Disclosure of Vancouver Estate Lawyer’s Privileged File Ordered
Property disputes and will challenges are often centred around determining the intention of a person who is now deceased or who has become incapacitated due to a…
Court Affirms Test for Testamentary Capacity in BC Will Challenge
In a 2017 BC will challenge, the court affirmed testamentary capacity is not the same thing as the capacity to manage one’s property or the capacity to…
Equal Treatment Not Always Required When Dividing an Estate in BC
When dividing an estate in BC, equal treatment of a will-maker’s children is not required to make adequate, fair and equitable provision. In a previous blog, we…
Son’s Vancouver Estate Law Claim Denied due to Benefits Received Through the Years
In a recent Vancouver estate law matter, Grewal v. Litt, 2019 BCSC 1154, a son claimed that he should receive $400,000 from his parents’ estate to compensate…
Vancouver Estate Lawyers Discuss Competing Claims to Insurance Proceeds
In some cases, the deceased’s estate has no significant assets and the real contest centres on entitlement to insurance proceeds. In a recent post, our Vancouver estate…
New COVID-19 processes at Onyx
We at Onyx Law Group are doing our part to protect the safety of our team members, our clients, and members of the public that we have…