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Category: Articles

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What is Estate Litigation?

Estate litigation can be many things. It can be stressful and emotional. It can be time-consuming and costly. Many hope to avoid the litigation process altogether. But the bottom line is that in some situations, estate litigation is absolutely necessary to secure justice and ensure that a loved one’s final wishes are respected. You don’t […]
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What is Litigation Privilege in British Columbia?

What do you have to disclose in the context of court proceedings? Proper disclosure is important to the adversarial trial process. It can narrow the issues, encourage settlement, and decrease the time and expense of litigation. But certain documents and communications contain sensitive information that you may want to keep private. Several different types of […]

What Assets Are Not Subject To Probate In BC?

The issue of probate can be confusing. When you are preparing your Will or thinking about your getting your estate plan in place, you will almost certainly have questions surrounding BC probate. Will a probate application be needed? How much are BC probate fees? Are there steps you can take to reduce probate fees or […]
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Trustee Act BC

You’ve likely heard of someone “acting as a trustee.” You may have been asked to act as trustee for a friend or loved one. You may be considering creating a trust and thinking about who to appoint as trustee to manage your property. Or you may be the beneficiary of a trust and unsure of […]
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What is an Affidavit of Execution of Will and Do I Need One?

Your Last Will and Testament is one of the most important documents you’ll ever make. Whether you have a simple estate or a complex estate with many assets, a Will is essential if you want a say in what happens when you die. A Will must meet certain legal requirements to be valid. If your […]
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The ‘Last Will’: Filmmaker Daniel Pierce on Eleanor Hadley’s Written Wills

BC Almanac, CBC Radio Candace Cho joins BC Almanac to discuss the estate case of Vancouver environmental activist Eleanor Hadley. The deceased left behind two conflicting wills, leading to a legal dispute over her divided estate. The case has now been settled by B.C. Court of Appeal under section 58 of the Wills, Estates and […]
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Use Presumptions to Your Advantage or Lose

By Candace Cho, Onyx Law Group, with the assistance of Joty Sandhu, Articled Student When commencing an estate litigation action, Plaintiffs’ counsel must be careful to leverage every possible legal advantage in their clients’ favour because it is always an uphill battle. Representing the disinherited is fraught with challenges because the Defendants are usually the […]
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A Power of Attorney Must Act in Good Faith

The case, Robillard v. Robillard Estate, 2015 BCSC 1417, highlights the responsibilities of a power of attorney, and the potential for a dishonest person to abuse that role. Marc Robillard took it upon himself to care for his elderly mother, who suffered from Alzheimer’s, for several years before and after she entered a care home. He also […]
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