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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…
05/30/2016By Candace Cho
Dementia and Mental Capacity to Leave Estate to Caregiver
Quick answer: A dementia diagnosis does not mean a person cannot make a valid will. In British Columbia, testamentary capacity is judged by the Banks v. Goodf…
05/24/2016By Candace Cho
Client Testimonial
Thank you all for your hard work in making a difference to my life. I received my inheritance today and am going to head to the bank to become debt free. That…
05/18/2016By Candace Cho
Rebutting the Presumption of Resulting Trust
Can a parent make a gift of property to some adult children but not others? Is mere suspicion that the transfer is “out of character” sufficient to challenge s…
05/10/2016By Candace Cho
Settling an estate: Denied a share of parent’s property
Your mother passes away and steps of settling the estate begin. You assumed that on her death you and your siblings would each get an equal share of her proper…
05/05/2016By Candace Cho
Use Presumptions to Your Advantage or Lose
How Can You Use Presumptions to Your Advantage?
By Candace Cho, Onyx Law Group, with the assistance of Joty Sandhu, Articled Student
When commencing an estate…
03/21/2016By Candace Cho
Can You Leave Your Estate to Friends? Legal Considerations for Non-Family Beneficiaries
Quick answer: Yes. In British Columbia you can leave your estate to friends, charities, or anyone you choose — there is no rule that family must inherit. The…
03/18/2016By Candace Cho
Can You Have Unequal Division of Estate in a Will?
Quick answer: Yes, you can divide your estate unequally among your children in BC. The law protects testamentary freedom, but it also lets a child ask the cou…
02/24/2016By Candace Cho
Can You Vary a Will Depending on an Independent’s Financial Needs?
The court will be hesitant to interfere with a competent will maker’s testamentary authority where the will provides equal distribution of the estate between i…
02/15/2016By Candace Cho
A Presumption of Undue influence Where one Party Can Dominate Another
Quick answer: Undue influence means a gift or a will was the product of pressure rather than the free choice of the person who made it. In British Columbia, t…