Category: Estate Law
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| Estate Law, WESA s.58, Wills
BC Court Declares Unsigned Will Valid in Landmark Estate Case
In March 2020, the world ground to a halt as a result of the COVID-19 pandemic. Offices were shuttered and in-person meetings were only permitted for essential purposes. In light of the pandemic, Marilyn Bishop cancelled her March 20th appointment at her lawyer’s office to execute her new will. She had already given her instructions, […]
Adult Guardianship in BC: Resolving Competing Committeeship Petitions and Family Disputes
Dementia, Alzheimer’s disease, and other medical issues can leave a person unable to look after themselves. When that occurs, a “committee” can be appointed by the BC Supreme Court to manage their personal and financial affairs. In determining who should be appointed committee, the paramount consideration for the court is who will serve the incapable […]
Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death
If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving spouse or the deceased spouse’s estate. In Malecek v. Leiren, 2021 BCSC 1052, there was a dispute about whether spouses were separated at the time of the husband’s […]
Relying on Statements of a Deceased Person in Estate Claims
Hearsay evidence often plays an important role in BC estate litigation. We recently discussed Simard v. Simard Estate, 2021 BCSC 1836, a case in which siblings disputed the transfer of property and assets from their mother to their sister. See that blog post here. If the transfers stood, three of four siblings would essentially be […]
Non-Domiciled Estates: My family member died overseas, leaving assets in British Columbia. What should I do?
With a global city like Vancouver and the natural beauty that surrounds it, it is not uncommon to receive inquiries from clients outside of Canada regarding property or assets owned by their family within British Columbia (“B.C.”). Some of these inquiries are for advice on how to efficiently transfer these assets on death. The remainder […]
Assets Transferred from Mom to Daughter Challenged After Mom’s Death
It is common for a parent to leave a will dividing their estate equally among their children. That was the case in Simard v. Simard Estate, 2021 BCSC 1836, where a mother’s will left the residue of her estate to be divided equally among her four adult children. The problem? Almost all of the mother’s […]
Supreme Court of Canada Weighs in on Privacy in Probate Proceedings
The “open court rule” is the default in Canada. That means court proceedings are presumptively open to the public. Privacy will always be at risk in open court proceedings—that includes probate and estate administration matters. Estate files can contain sensitive, private information. How is openness in court proceedings balanced against privacy interests? In Sherman Estate […]
Family Dispute Leads to Contested Committeeship Application
When an adult can no longer manage their finances or personal care and a dispute arises over who should decide for them, a family member can apply to the Supreme Court of British Columbia under the Patients Property Act to be appointed committee. The court first needs two medical affidavits confirming incapability, then chooses the […]
Trespass Damages Dropped in Vancouver Estate Litigation
The recent Court of Appeal decision in Volovsek v. Boisvenu Alter‐Ego Trust #1, 2021 BCCA 179 dealt with a claim for damages in trespass against a woman who refused to give up possession of a Vancouver condominium after the death of its owner, her longtime partner, until her claim to the property was determined. Her […]
Court Clarifies Costs of Estate Litigation in Complex Estate Litigation
This Vancouver estate litigation between siblings over their father’s estate—and the costs of the estate litigation itself—lasted nearly a decade. The BC Court of Appeal’s ruling in in Hollander v. Mooney, 2017 BCCA 238, leave to appeal ref’d [2017] S.C.C.A. No. 356 clarified important principles for awarding costs in estate litigation. Father’s estate planning leads to […]