Dispute over Mother’s Mental Capacity Gives Rise to Vancouver Litigation
Family disputes can be significantly exacerbated by the heavy weight of dealing with an ailing parent. Family members can become mired in conflict over whether a loved…
BC Committeeship: Court-Appointed Decision-Maker for Adult who Lacks Capacity
The BC population is aging, and dementia, Alzheimer’s disease, and related disorders are on the rise. Over the years, our BC estate litigation team has written extensively…
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage?
Marriage is a contract. If one or both parties lacked the mental capacity to understand the nature of the marriage contract and the legal consequences flowing from…
Were Elderly Man’s Marriage and Will the Products of Undue Influence by his Caregiver?
In an earlier post, we discussed Ross-Scott v. Potvin, 2014 BCSC 435, a case in which the only living relatives of the deceased challenged what they viewed…
BC Estate Litigation Arises from Suspicious Marriage and Missing Gold Coins
BC estate litigation arising from predatory marriage is not uncommon and may become more common as the BC population ages. Elderly people are often targeted by predators…
BC Wills Variation: Moral Obligation to Child Not Met by Benefiting Grandchildren
Can a testator discharge his moral obligation to his adult daughter by benefiting her sons at her expense? In the circumstances in Scurek v. Scurek, 2020 BCSC 450,…
Removing an Executor: Can Both Co-Executors Appointed in a Will be Removed?
Our estate litigation lawyers have prepared a series of posts on the issue of removing an executor appointed in a BC will. We discussed cases in which…
When Can the Court Remove an Executor or Trustee?
A will-maker is entitled to appoint whom they would like to administer their estate, and that discretion should not be lightly interfered with. That being said, in…
Special Costs of All Parties Ordered to be Paid Out of Estate Following BC Will Challenge
We have previously discussed the issue of who pays the costs of a BC will challenge. The general rule in estate litigation is that the unsuccessful party…
Vancouver Estate Litigation: Removal of Co-Executor Due to Inaction and Delay
Where the administration of an estate has been brought to a standstill by the inability of co-executors to carry out their duties, it may be necessary to…