Mutual Wills: Clear Evidence Needed for Binding Agreement Not to Revoke a Will
A mutual will is an agreement between individuals to not revoke or alter their wills, except as provided for in the agreement. Evidence of an agreement not…
BC Mutual Wills FAQs
Two people can make an agreement to the effect that following the death of one of them, the survivor will not revoke or alter his or her…
BC Executor’s Fees Not Allowed for Opposing Wills Variation Claim
When a disappointed beneficiary brings a claim to vary a will, the executor should not pick sides between beneficiaries or use estate funds to finance litigation. Executors…
BC Executor’s Fees Reduced for Failure to Remain Neutral
The executor’s fee is compensation for the tasks of gathering up assets, liquidating them, protecting them if necessary, and then distributing them to the estate beneficiaries. When…
Solicitor/Executor’s Remuneration Claim Excessive, Despite Charging Clause in Will
Will-makers often choose lawyers or accountants to be their executor. Disputes over executor’s remuneration can arise even in situations where the deceased’s Will contains a “charging clause”…
Beneficiary Disputes $400,000 Fee to Administer a BC Estate
The personal representative tasked with distributing and managing a deceased person’s estate is entitled to be paid for services rendered. Fees claimed by the personal representative can…
Father Died Without A Will. Does His Common Law Partner Inherit His Estate?
When is a person a “common law spouse” who is entitled to an inheritance? That was the main issue to be decided in Jones v. Davidson, 2020…
BC Couple Enforces Contract Promising Inheritance
If a person agrees to leave someone an inheritance in a will, then does not do so, is the agreement enforceable? Contracts to bequeath property on death…
Cultural Tradition Favouring Sons Rejected by BC Courts
Equal treatment of siblings is not always required when dividing an estate in BC. However, variation of a will may be in order if unequal treatment of…
BC Wills Variation Claim Nets Increased Inheritance for Only Child
In BC, if a child is disinherited by a parent or left only a modest benefit, that child can bring a wills variation claim. The parent’s reasons…