Category: Estate Law
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| Costs, Estate Law
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 pays the successful party’s court costs. However, the courts may depart from the general rule and order that costs of all parties be paid out of the estate […]
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 of Vancouver litigation demonstrate, joint tenancy as an estate planning device can create unexpected problems, particularly when the interests of people or entities outside the family context are […]
BC Estate Litigation Challenges Elderly Man’s Capacity to Marry His Caregiver
In BC, marriage is a contract, so a person must have capacity to marry: they must freely choose it and understand its obligations. Capacity to marry is a relatively low threshold. In Ross-Scott v. Potvin, an elderly man with cognitive decline was still found capable of marrying his caregiver. Can an elderly, reclusive man suffering […]
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 as dementia? There is some cause for concern that the conditions brought about by the coronavirus pandemic may lead to an increased risk of predatory relationships, so in […]
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 medical condition such as dementia. For example, in Sales v. Fisher, 2019 BCSC 1050, litigation was commenced to determine the intent behind a transfer of title to property […]
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 confer a power of attorney, and as such, a will-maker may have sufficient mental capacity even if his or her ability to manage other aspects of his or […]
Son’s Vancouver Estate Law Claim Denied due to Benefits Received Through the Years
In a recent Vancouver estate law matter, Grewal v. Litt, 2019 BCSC 1154, a son claimed that he should receive $400,000 from his parents’ estate to compensate him for his work and improvements to the family farm. The son asserted that his contributions to the farm unjustly enriched his parents’ estate, and that he was […]
Competing Claims of a Second Spouse to Life Insurance Proceeds
The Supreme Court of Canada was recently asked to weigh the competing claims of a second spouse and a first spouse to the proceeds of a life insurance policy. In a contest between two innocent parties (i.e., a first spouse and a second spouse), both of whom claim an entitlement to the proceeds of a […]
| Costs, Estate Law, WESA s.58
Who Pays the Costs of Vancouver Estate Litigation?
In BC estate litigation, costs generally follow the event, so the unsuccessful party is usually ordered to pay the winner’s costs. But the court has discretion to order costs paid from the estate, especially where the dispute was caused by the will-maker or was needed to resolve a genuine question about the will. At the […]
Changing a Will in BC: Beneficiary Disinherited by White-Out – Is It Legally Valid?
In BC, changing a will after it is signed has its own formal requirements. An alteration, such as crossing out or covering a beneficiary’s name, is generally not effective unless it meets those formalities or a court validates it under WESA’s curative power. Otherwise the original wording can still stand. There are specific requirements for […]