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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 siblin…
Non-Domiciled Estates: My family member died overseas, leaving assets in British Columbia. What should I do?
With a global city like Vancouver and the natural beauty that surrounds it, it is not uncommon to receive inquiries from clients outside of Canada regarding pr…
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 BCSC 1836, w…
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 cou…
How the 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…
Family Dispute Leads to Contested Committeeship Application
When an adult can no longer manage their finances or personal care and a dispute arises over who should decide for them, a family member can apply to the Supre…
Trespass Damages Dropped in Vancouver Estate Litigation
The recent Court of Appeal decision in Volovsek v. Boisvenu Alter‐Ego Trust #1, 2021 BCCA 179 dealt with a claim for damages in trespass against a woman who…
Court Clarifies Costs of Estate Litigation in Complex Estate Litigation
This Vancouver estate litigation between siblings over their father’s estate—and the costs of the estate litigation itself—lasted nearly a decade. The BC Cou…
Estate of BC Biker Divided Between His Wife and “Secret” Common-Law Spouse
A Hells Angels prospect led a double life, leaving a “complicated legacy” after his disappearance and murder. Michael Widner maintained two separate househol…
Advance Care Planning: Machines Keeping You Alive or Not? How to Make the Right Decision
Quick answer: In British Columbia, you plan for “machines keeping you alive” with two documents. A representation agreement, under the Representation Agreement…