BC Executor’s Fee Disallowed Due to “Dismal Failures” in Administering the Estate
BC law states that an executor is entitled to remuneration of up to a maximum of 5% of the gross aggregate value of the estate, unless the…
Medical Examination Ordered After Alleged Victim of Elder Abuse Denies Incapacity
We are often contacted by concerned family members wanting to step in to help an elderly person whom they suspect is being abused. However, bringing litigation on…
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An out-of-date beneficiary designation in a life insurance policy can throw a wrench in an estate plan.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…
BC Mom Who Transferred Property to Kids to Avoid Creditors Not Allowed to Reclaim It
Property transfers between parent and adult child are quite common. A parent may transfer property to an adult child for estate planning purposes or simply because a…
Judge Rectifies Error from an “Accidental Slip” in BC Will
Can a BC Will be “corrected” if it contains an accidental slip or omission? In Jamt Estate (Re), 2021 BCSC 788 it was not noticed until after…
Vancouver Estate Litigation Concludes “Pour-Over” Clauses Invalid in BC Wills
A multi-million dollar BC estate was the subject of recent Vancouver estate litigation. The Court in Waslenchuk Estate, 2020 BCSC 1929 was asked to examine the interrelationship…
Interim Disbursement Refused as it Amounted to Re-Writing of Disputed Will
BC courts have discretion to order interim payment from an estate before the trial and determination of a wills variation claim. What the courts do not have…
Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim
Once a disappointed beneficiary starts wills variation proceedings, the executor is not permitted to distribute the estate without the consent of the beneficiaries whose interests might be…
Can Beneficiaries Receive Interim Distribution Pending Wills Variation Claim?
A child or spouse who is disinherited or not adequately provided for in a Will can bring an action seeking a variation. Wills variation litigation can take…
Father Disinherits Daughters in a Misguided Attempt to Punish Them
A Will can be a last opportunity for a parent to do right by a child. In a recent BC estate matter, a father instead used his…