Category: Estate Law
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Vancouver Estate Lawyers on Remedy for Unjust Enrichment: Money or Property?
In recent weeks, our Vancouver estate lawyers have discussed the Supreme Court of Canada’s decision in Moore v. Sweet, 2018 SCC 52, where a disappointed beneficiary succeeded in using the doctrine of unjust enrichment to establish her entitlement to insurance proceeds of $250,000. Once a claim in unjust enrichment has been established, the court must […]
Vancouver Estate Law: Applying Unjust Enrichment to Disappointed Beneficiary Claim
In this post, the lawyers at our Vancouver estate law firm discuss a contest between two innocent parties, both of whom claimed an entitlement to the proceeds of a life insurance policy. Specifically, the main issue was whether an irrevocable beneficiary designation made pursuant the Insurance Act provides a reason at law for a second spouse […]
Vancouver Estate Law: Constructive Trusts to Resolve Unfairness
A constructive trust may be imposed where a gift of shares in a family business is not completed during one parent’s lifetime, but the evidence is clear that the parents intended to gift the shares to a child who had committed him or herself to the family business.
Dividing an Estate: Gift During Lifetime of Parent to Adult Child
When dividing an estate in BC, it is essential to determine what property of the will-maker forms part of the estate. If a will-maker made a valid gift of property during his or her lifetime, that property does not fall into the estate and the terms of the will do not apply to it. This […]
BC Divorce Law: Help! My Spouse Drained Our Joint Line of Credit
Under BC divorce law, the rules about division of family property and debt apply to both married couples and unmarried couples who have been living together in a marriage-like relationship for at least two years. Many spouses have joint bank accounts or joint lines of credit, intended to be used to pay for various things […]
| Costs, Estate Law
Application for Security for Costs Denied in Vancouver Estate Litigation
In a recent Vancouver estate litigation matter, Nordgren v. Hjukstrom Estate, 2019 BCSC 1, one of Onyx Law Group’s team of estate lawyers successfully argued against an application for security for costs which was brought against her clients. Janis Ko represented the plaintiffs in this case, the siblings and nephews of Mr. Hjukstrӧm who died in […]
High-Profile Vancouver Estate Law Claim Results in Disappointed Beneficiary
Previously, our Vancouver estate law team discussed how the failure to meet formal validity requirements in a will can lead to BC estate litigation. As noted in that post, BC estate law gives BC courts the power to cure deficiencies in some circumstances where a will-maker has taken real steps to make a will, but […]
Avoid BC Estate Litigation by Making a Will that Meets Formality Requirements
In BC, a will is valid only if it meets WESA’s formal requirements: it must be in writing, signed at the end by the will-maker, and witnessed by two people present at the same time. A will that falls short can sometimes be saved by the court under section 58, but that path is never […]
Vancouver Estate Law: Proving Claims Against Deceased Persons
In Vancouver estate law matters, and BC estate law matters in general, it is often the case that the claim can only be fully answered by the evidence of the deceased person. For that reason, where a person makes a claim against an estate, the court will be particularly cautious in assessing credibility and evaluating […]
Changing a Will After Death of Common-Law Partner – Is it Possible?
Changing a will after death is done by application to vary the will of the deceased for being inadequate and unfair. Such an application for changing a will after death can only be brought by a spouse or a child of the deceased. Spouse includes both common-law and married partners, whether same-sex or opposite sex […]