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02/02/2016By Candace Cho
Fiduciary Duty: Are Beneficiaries Dependent or Vulnerable?
The case of Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 SCR 574 raised the question of when one party owes a fiduciary duty to another…
01/26/2016By Candace Cho
Suspicious Circumstances Displace Presumption of Valid Will
Usually where the person making a will is shown to have properly executed the will, and to have reviewed it and understood it, the court will presume that the…
12/29/2015By Candace Cho
Can a Will be Varied Under Moral Obligation? How Courts Balance Family Claims
Quick answer: Yes, a will can be varied where it fails to make adequate provision for a spouse or child. Under section 60 of BC’s Wills, Estates and Successio…
12/22/2015By Candace Cho
A Power of Attorney Must Act in Good Faith
Quick answer: An attorney under a power of attorney in British Columbia is a fiduciary. Section 19 of the Power of Attorney Act requires them to act honestly…
12/01/2015By Candace Cho
Undue Influence, Mental Illness, Trusts and Life Estates
In BC, the presumption of undue influence can arise where one person is in a position to dominate another in a relationship of trust or dependence. The presump…
11/25/2015By Candace Cho
Can You Rebut the Presumption of Resulting Trust? How Legal Evidence Can Change the Outcome
Quick answer: Yes. The presumption of resulting trust can be rebutted with evidence of what the person who transferred the property actually intended at the t…
10/02/2015By Candace Cho
Hancock v. Hancock
Lawyer: Candace Cho
Significant gifts given to children who had good relationships with the testator before a testator’s death were not found to be a valid…
09/06/2015By Candace Cho
Client Testimonial – Charlotte Lochhead
“When I was served with litigation from my father I was in disbelief. I felt a knot in my stomach that would not go away.
I’d spoken to a couple of lawyers but…
09/06/2015By Candace Cho
Client Testimonial – Cheryl P.
“Candace Cho is the best lawyer I have ever had. She is very efficient, very calming, and very understanding. I was very amazed with the way she negotiates. I…
09/06/2015By Candace Cho
Client Testimonial – David Findlay
“In the spring of 2011 my brother and I retained Candace Cho to represent us in a dispute with our two sisters in regards to the true nature of our deceased fa…