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…
Using Joint Tenancy as a Device for Estate Planning May Lead to Litigation
Vancouver estate lawyers often use joint tenancy as a form of estate planning in BC, particularly within a family context between parents and children. However, as reams…
Resulting Trust for the Purposes of Creditors but Not Family Members?
Joint tenancy is a popular form of estate planning in BC. A common example of using joint tenancy for estate planning purposes is when a parent, during…
BC Estate Litigation Challenges Elderly Man’s Capacity to Marry His Caregiver
Can an elderly, reclusive man suffering from cognitive decline due to dementia have the capacity to marry his caregiver? That was the question to be decided in…
BC Estate Litigation: Filing and Removing Notices of Dispute
After a person’s death, if there is a dispute with respect to the validity of the will or there are concerns about the executor’s ability to administer…
Increased Risk of Predatory Marriage During the COVID-19 Pandemic?
Are BC residents at increased risk of falling victim to predatory marriage during the COVID-19 pandemic, particularly those who are elderly or suffering from cognitive impairment such…
Disclosure of Vancouver Estate Lawyer’s Privileged File Ordered
Property disputes and will challenges are often centred around determining the intention of a person who is now deceased or who has become incapacitated due to a…
Court Affirms Test for Testamentary Capacity in BC Will Challenge
In a 2017 BC will challenge, the court affirmed testamentary capacity is not the same thing as the capacity to manage one’s property or the capacity to…
Equal Treatment Not Always Required When Dividing an Estate in BC
When dividing an estate in BC, equal treatment of a will-maker’s children is not required to make adequate, fair and equitable provision. In a previous blog, we…