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Category: Constructive Trust

Trespass Damages Dropped in Vancouver Estate Litigation

The recent Court of Appeal decision in Volovsek v. Boisvenu Alter‐Ego Trust #1, 2021 BCCA 179 dealt with a claim for damages in trespass against a woman who refused to give up possession of a Vancouver condominium after the death of its owner, her longtime partner, until her claim to the property was determined. Her […]

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An out-of-date beneficiary designation in a life insurance policy can throw a wrench in an estate plan.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 money does not form part of the deceased’s estate. Failure to update a beneficiary designation after a significant life event such as marriage, separation, or divorce may leave grieving loved ones […]

Court Appoints Administrator to Investigate $5 Million Vancouver Estate Litigation Claim

A person who is left out of a will may believe he or she has a valid claim, but not have access to the evidence required to prove it. That predicament arose in a recent Vancouver estate litigation matter, Jahanbani v. Mohseni, 2020 BCSC 2140. In that case, a son claimed that his mother gave […]

BC Mutual Wills FAQs

Two people can make an agreement to the effect that following the death of one of them, the survivor will not revoke or alter his or her will. By a “mutual will” or “mutual will agreement” two people agree to dispose of property in a certain way, and each agrees not to break the agreement […]

Competing Claims of a Second Spouse to Life Insurance Proceeds

The Supreme Court of Canada was recently asked to weigh the competing claims of a second spouse and a first spouse to the proceeds of a life insurance policy. In a contest between two innocent parties (i.e., a first spouse and a second spouse), both of whom claim an entitlement to the proceeds of a […]

Vancouver Estate Lawyers on Remedy for Unjust Enrichment: Money or Property?

In recent weeks, our Vancouver estate lawyers have discussed the Supreme Court of Canada’s decision in Moore v. Sweet, 2018 SCC 52, where a disappointed beneficiary succeeded in using the doctrine of unjust enrichment to establish her entitlement to insurance proceeds of $250,000. Once a claim in unjust enrichment has been established, the court must […]

Vancouver Estate Law: Constructive Trusts to Resolve Unfairness

A constructive trust may be imposed where a gift of shares in a family business is not completed during one parent’s lifetime, but the evidence is clear that the parents intended to gift the shares to a child who had committed him or herself to the family business.
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