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| Costs, Family Law
Divorce in BC
Getting a divorce in BC means legally ending your marriage through the Supreme Court of British Columbia under Canada’s federal Divorce Act. In most cases the path is straightforward: you confirm you meet the residency rule, show your marriage has broken down (usually by living apart for one year), and file the right court forms. […]
| Costs, Estate Law
Inheritance Tax in BC: What Estates Actually Pay
Short answer: British Columbia has no inheritance tax, so you pay nothing just for receiving money or property from an estate. The catch is the estate itself pays first: probate fees to the BC courts, capital gains on assets the CRA treats as sold at death, plus executor and legal fees. Which costs apply, and […]
| Costs, Family Law
How Much Does It Cost to Get a Divorce in BC?
Getting a divorce in British Columbia usually starts with court filing fees that range from about $290 to $330. You may also need to pay for things like a process server or a notary if you are handling paperwork without a lawyer. Because every situation is different, it is important to speak with a family […]
| Articles, Contract, Costs, Litigation, Probate
How to Calculate Capital Gains on Inherited Property in Canada
Short answer: In Canada, you don’t inherit a capital gains bill directly — the estate does. The CRA treats the deceased as selling everything at fair market value the moment before death, and half of any gain is taxable on their final return. A principal residence exemption or a spousal rollover can reduce or defer […]
How Long Do You Have To Contest a Will in BC?
You may want to contest a will if you have been disinherited, did not receive a fair share in comparison to your siblings, or if you suspect the will does not represent the true wishes of the deceased person. Generally, the time you have to contest a will in BC is 180 days from the […]
| Costs, Estate Law
How Much Does It Cost to Contest a Will in Canada?
Contesting a will means challenging its validity in court. Maybe you’ve been left out entirely. Maybe what you were promised doesn’t match what ended up in the document. Or maybe you believe the person who made the will wasn’t thinking clearly or was pressured by someone else. Whatever the reason, deciding to contest a will […]
Committeeship Applications in BC
An application to the BC Supreme Court is necessary for a person to become the guardian or “committee” of an incapable adult. The court application for committeeship can be relatively straightforward where there is no dispute among loved ones. If there is disagreement on who should be appointed committee, the matter becomes more complicated. Legal […]
How the Bid for Special Referee Denied; Draws Costs in BC Committeeship Application
A special referee may be appointed within BC court proceeding to undertake factual investigations – often through the referee’s specialized expertise – that are necessary to the resolution of the issues between the parties. The court declined the request for appointment of a special referee in Klop (Re), 2021 BCSC 644 in the context of […]
Court Clarifies Costs of Estate Litigation in Complex Estate Litigation
This Vancouver estate litigation between siblings over their father’s estate—and the costs of the estate litigation itself—lasted nearly a decade. The BC Court of Appeal’s ruling in in Hollander v. Mooney, 2017 BCCA 238, leave to appeal ref’d [2017] S.C.C.A. No. 356 clarified important principles for awarding costs in estate litigation. Father’s estate planning leads to […]
| Costs, Family Law
“Reprehensible” Conduct in Family Law Case Draws Over $1.2 Million Costs Award
A wealthy businessman adopted a battle plan designed to punish his estranged wife on multiple fronts in protracted Vancouver family litigation. The BC court found that the husband’s conduct amounted to use of his superior resources in an attempt to wear down his wife. His “litigation war” strategy and the unsustainable positions he took throughout […]