Family, Estates & Trusts 


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DIY Will Declared Valid, as Were Gifts to Signing Witnesses

DIY Will Declared Valid, as Were Gifts to Signing Witnesses In Wolk v. Wolk, 2021 BCSC 1881, a BC man named Dawson Wolk prepared his own will in 201…

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 comm…

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…

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 on mental c…
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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 comm…
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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. Al…
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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 essent…
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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…

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, and …

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 spouse o…
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