Category: Estate Law
Have questions about a topic?
Our Services
Court Appoints Administrator to Investigate $5 Million Vancouver Estate Litigation Claim
A person who is left out of a will may believe he or she has a valid claim, but not have access to the evidence required to prove it. That predicament arose in a recent Vancouver estate litigation matter, Jahanbani v. Mohseni, 2020 BCSC 2140. In that case, a son claimed that his mother gave […]
Disinherited Second Wife’s Lawsuit Against Her Stepchildren Dismissed
Transferring property into joint tenancy for estate planning purposes often leads to family disputes and in some cases, litigation. For example, a parent may add their adult child as joint tenant on title to real property or include their child as a joint bank account holder. This may be done to avoid probate fees and […]
Family of BC Senior with Dementia Sues Alleged Financial Predator
Predatory marriage is a form of elder abuse that is on the rise. In addition to being conned into marriage by opportunistic predators, vulnerable seniors are taken advantage of in other ways. They may be convinced to change their Will, sign a power of attorney, or add the new partner’s name to a joint bank […]
Will Not Updated Post-Separation, But Former Spouse Still Inherits Ex’s Estate
When married or common-law partners cease to be spouses, s. 56(2) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”) automatically revokes testamentary gifts to one’s former spouse. The effect of s. 56(2) is that an ex-spouse is disinherited. But in some situations, that is not what is intended. In Jacobson Estate […]
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 made to a child during a parent’s lifetime. In Pavlovich v. Danilovic, 2020 BCCA 239 the brother said that his father intended to give him two properties as […]
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” or mutual will agreement—must be made on clear and certain terms. Even where the clear intention to form a binding mutual wills agreement exists, complications can arise. In […]
BC Executor’s Fees Reduced for Failure to Remain Neutral in Estate Litigation
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 performing these tasks, executors must maintain a neutral position and act in the best interest of all estate beneficiaries. Neutrality can prove challenging in family situations. Where an […]
Solicitor/Executor’s Remuneration Claim Excessive, Despite Charging Clause in Will
Will-makers often choose lawyers or accountants to be their executor. Disputes over executor’s remuneration can arise even in situations where the deceased’s Will contains a “charging clause” which permits the executor to charge professional fees for estate-related work. Charging clauses can provide clarity and may reduce the likelihood of a dispute, but by no means […]
Beneficiary Disputes $400,000 Fee to Administer a BC Estate Under BC’s Trustee Act
The personal representative tasked with distributing and managing a deceased person’s estate is entitled to be paid for services rendered. Fees claimed by the personal representative can be challenged by the estate beneficiaries. If the parties are unable to come to an agreement, a Court application will be necessary. In today’s post, we will examine […]
How a BC Couple Enforced a Contract Promising Inheritance
If a person agrees to leave someone an inheritance in a will, then does not do so, is the agreement enforceable? Contracts to bequeath property on death are somewhat unusual—but they are enforceable in BC. In Munro v. James, 2020 BCSC 1348, the Court upheld a written agreement requiring a woman to name a BC […]