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09/26/2016By Candace Cho
Disinherited Son Unsuccessfully Challenges Mother’s Will
In Chang Estate v. Chang, 2013 BCSC 976, aff’d 2014 BCCA 28, a mother prepared a will that disinherited her son – he challenged his disinheritance, but the co…
09/21/2016By Candace Cho
Wills Variation Claims: Balancing Moral Obligations
On wills variation claims, the courts are frequently tasked with balancing the moral obligations of a will-maker to a second spouse and to an adult independen…
08/30/2016By Candace Cho
Competing Wills Claims of Stepchildren and Long-term Second Spouse
I recently discussed the oft-seen competing wills claims of adult independent children of a first marriage and a second spouse. In that case, Eckford v. Vander…
08/24/2016By Candace Cho
Wills Variation: $5M Lump Sum Fulfils Moral Obligation to Spouse
In Picketts v. Hall, 2009 BCCA 329 the Court of Appeal held that the bequest of periodic payments to provide a surviving spouse with the standard of living en…
08/18/2016By Candace Cho
Vancouver Estate Law: Dividing an Estate in a Blended Family
Dividing an estate in a blended family can be complicated. What happens if your mother becomes incapacitated, and your stepfather then enters a new common-law…
08/15/2016By Candace Cho
Wills variation: Legal and Moral Obligations to Second Spouse
In BC, a will-maker owes both legal and moral duties to a spouse, including a second spouse. A will built mainly to keep the estate away from that spouse can b…
07/28/2016By Candace Cho
Wills Variation: Date for Adequate Provision in a Will
In a BC wills variation claim, the court measures whether a will made adequate provision as of the will-maker’s date of death, not the trial date. Changes in a…
07/20/2016By Candace Cho
Competing Wills Claims of a Second Spouse and Stepchildren
Eckford v. Vanderwood, 2014 BCCA 261 raises the oft seen competing wills claims of adult independent children of a first marriage and a second spouse. In this…
07/15/2016By Candace Cho
Using WESA to cure deficiencies in a will
In Hadley Estate (Re), 2016 BCSC 765, the British Columbia Supreme Court was asked to use the discretion conferred by the Wills, Estates and Succession Act, S…
06/16/2016By Candace Cho
Suspicious Circumstances: Fluctuating Capacity of Testator
Issues of testamentary capacity and undue influence frequently arise when a new will is made under ostensibly suspicious circumstances: late in a testator’s li…