Dementia Raises Suspicion that Late-in-Life Will Not Valid
A late-in-life Will that disinherits certain children. Dementia and cognitive decline of the will-maker. Secrecy surrounding preparation of the new will. All of this led to a…
BC Court Declares Unsigned Will To Be Valid
In March 2020, the world ground to a halt as a result of the COVID-19 pandemic. Offices were shuttered and in-person meetings were only permitted for essential…
Adult Guardianship in BC: Resolving Competing Committeeship Petitions
Dementia, Alzheimer’s disease, and other medical issues can leave a person unable to look after themselves. When that occurs, a “committee” can be appointed by the BC…
Does a BC Family Law Claim Survive Death of a Spouse?
BC’s Family Law Act provides that, upon separation, each spouse has a right to an undivided half interest in all family property as a tenant in common,…
Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death
If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving…
Relying on Statements of a Deceased Person in Estate Claims
Hearsay evidence often plays an important role in BC estate litigation. We recently discussed Simard v. Simard Estate, 2021 BCSC 1836, a case in which siblings disputed…
Assets Transferred from Mom to Daughter Challenged After Mom’s Death
It is common for a parent to leave a will dividing their estate equally among their children. That was the case in Simard v. Simard Estate, 2021…
Supreme Court of Canada Weighs in on Privacy in Probate Proceedings
The “open court rule” is the default in Canada. That means court proceedings are presumptively open to the public. Privacy will always be at risk in open…
BC Executor’s Fees Reduced Due to Overlapping Self-Interest
Executors are very often also beneficiaries of the estate they are tasked with administering, and it can be challenging to keep personal interests apart from estate business….
Bid for Special Referee Denied; Draws Costs in BC Committeeship Application
A special referee may be appointed within BC court proceeding to undertake factual investigations – often through the referee’s specialized expertise – that are necessary to the…