Too Late for Mother to “Change Her Mind” After Gifting House to Daughter
A mother signed the paperwork to transfer ownership of her home to her daughter. No money was paid by the daughter when the transfer was made. A…
Legal Presumption Determines Outcome of BC Estate Dispute Among Siblings
A recent BC estate dispute between a brother and sister over their father’s estate demonstrates the importance of proving intention when it comes to gifts of property…
Father Died. No Will. Does Live-In Girlfriend Inherit His Estate?
The rules of intestacy set out how an estate is to be distributed if a person dies with no will. BC law gives the largest share of…
$650,000 BC Executor’s Fee Disputed; Court Finds $400,000 Fee Fair and Reasonable
An executor is entitled to be compensated for the care and time spent administering an estate and carrying out the wishes in a Will. BC executor’s fees…
Was Property Transferred to Defeat a Mutual Will?
In BC, a will is revocable at any point before a person dies. For that reason, an agreement not to revoke a will—known as a “mutual will”…
Mutual Wills: Clear Evidence Needed for Binding Agreement Not to Revoke a Will
A mutual will is an agreement between individuals to not revoke or alter their wills, except as provided for in the agreement. Evidence of an agreement not…
Mutual Wills: Clear Evidence Needed for Binding Agreement Not to Revoke a Will
A mutual will is an agreement between individuals to not revoke or alter their wills, except as provided for in the agreement. Evidence of an agreement not…
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…
BC Executor’s Fees Not Allowed for Opposing Wills Variation Claim
When a disappointed beneficiary brings a claim to vary a will, the executor should not pick sides between beneficiaries or use estate funds to finance litigation. Executors…
BC Executor’s Fees Reduced for Failure to Remain Neutral
The executor’s fee is compensation for the tasks of gathering up assets, liquidating them, protecting them if necessary, and then distributing them to the estate beneficiaries. When…