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BC Executor’s Fee Disallowed Due to “Dismal Failures” in Administering the Estate
BC law states that an executor is entitled to remuneration of up to a maximum of 5% of the gross aggregate value of the estate, unless the deceased’s will pr…
Medical Examination Ordered After Alleged Victim of Elder Abuse Denies Incapacity
We are often contacted by concerned family members wanting to step in to help an elderly person whom they suspect is being abused. However, bringing litigati…
Ex-Wife and New Spouse Battle Over $100,000 Life Insurance Proceeds
An out-of-date beneficiary designation in a life insurance policy can throw a wrench in an estate plan. Where a beneficiary is designated, the insurance mone…
BC Mom Who Transferred Property to Kids to Avoid Creditors Not Allowed to Reclaim It
Property transfers between parent and adult child are quite common. A parent may transfer property to an adult child for estate planning purposes or simply b…
Judge Rectifies Error from an “Accidental Slip” in BC Will
Can a BC Will be “corrected” if it contains an accidental slip or omission? In Jamt Estate (Re), 2021 BCSC 788 it was not noticed until after the will-maker’…
How BC Court Recognizes Third Legal Parent in Polyamorous Relationship
Olivia, Eliza, Bill, and Clarke are a family made up of three parents and one son. Their family makeup brought them before the BC court, seeking a parentage…
Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim
Once a wills variation claim is filed, the executor cannot distribute the estate without the consent of the affected beneficiaries or a court order. A benefici…
No Posthumous Removal or Use of Reproductive Material Without Consent
Can human reproductive material removed from a deceased donor who had not given prior written consent to its removal or use be used to create embryos to allo…
Father Disinherits Daughters in a Misguided Attempt to Punish Them
Quick answer: A parent in BC generally cannot disinherit a child simply out of anger and have it stick. Under section 60 of the Wills, Estates and Successio…
Charitable Gift in BC Will Leads to Estate Litigation
In BC, leaving a gift to a charity in a will is common, but problems arise if the charity no longer exists when the will-maker dies. The court then decides whe…