Category: Estate Law
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Estate of BC Biker Divided Between His Wife and “Secret” Common-Law Spouse
A Hells Angels prospect led a double life, leaving a “complicated legacy” after his disappearance and murder. Michael Widner maintained two separate households for almost a decade before his death in 2017. It was alleged that he earned large sums of cash from drug dealing and marijuana grow operations, which he used to fund both […]
BC Executor’s Fee Disallowed Due to “Dismal Failures” in Administering the Estate
BC law states that an executor is entitled to remuneration of up to a maximum of 5% of the gross aggregate value of the estate, unless the deceased’s will provides otherwise. In Zaradic Estate (Re), 2021 BCSC 1037 the will provided that the executors could claim remuneration in the amount of 10% of the estate. […]
Medical Examination Ordered After Alleged Victim of Elder Abuse Denies Incapacity
We are often contacted by concerned family members wanting to step in to help an elderly person whom they suspect is being abused. However, bringing litigation on the senior’s behalf can present a number of challenges. What happens if the elderly person denies any abuse and insists that they are capable of handling their affairs? […]
Ex-Wife and New Spouse Battle Over $100,000 Life Insurance Proceeds
An out-of-date beneficiary designation in a life insurance policy can throw a wrench in an estate plan. Where a beneficiary is designated, the insurance money does not form part of the deceased’s estate. Failure to update a beneficiary designation after a significant life event such as marriage, separation, or divorce may leave grieving loved ones […]
BC Mom Who Transferred Property to Kids to Avoid Creditors Not Allowed to Reclaim It
Property transfers between parent and adult child are quite common. A parent may transfer property to an adult child for estate planning purposes or simply because a parent wants to make a gift to their child. Transfers for such purposes are not objectionable—though they can create unexpected problems. What is objectionable is transferring property to […]
Judge Rectifies Error from an “Accidental Slip” in BC Will
Can a BC Will be “corrected” if it contains an accidental slip or omission? In Jamt Estate (Re), 2021 BCSC 788 it was not noticed until after the will-maker’s death that the Will may have misstated the middle name of the sole beneficiary. Who should inherit the deceased’s estate: the deceased’s nephew (“Per Martin Jamt”) […]
Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim
Once a wills variation claim is filed, the executor cannot distribute the estate without the consent of the affected beneficiaries or a court order. A beneficiary who needs funds in the meantime can apply under section 155 of WESA for an interim distribution, which the court weighs using the Hecht v. Hecht factors before deciding […]
Father Disinherits Daughters in a Misguided Attempt to Punish Them
Quick answer: A parent in BC generally cannot disinherit a child simply out of anger and have it stick. Under section 60 of the Wills, Estates and Succession Act, a child — including an independent adult child — can ask the court to vary a will that fails to make adequate, just, and equitable provision […]
Charitable Gift in BC Will Leads to Estate Litigation
In BC, leaving a gift to a charity in a will is common, but problems arise if the charity no longer exists when the will-maker dies. The court then decides whether the gift fails or is redirected to a similar charity. The will-maker’s charitable intent is central to that decision. Many people leave gifts to […]
Punitive Special Costs in BC Committeeship Proceedings
It is common in committeeship disputes for families and loved ones to have diametrically opposed views of the best interests of the patient. Disagreements about the best interests of an incapable adult may need to be settled by litigation. Costs in BC committeeship proceedings serve the function of encouraging parties to behave reasonably in contentious family […]