Category: Uncategorized
Have questions about a topic?
Our Services
Understanding the Tort of Family Violence
The tort of family violence gives survivors a way to seek financial compensation for abuse through the civil courts. In 2026, Canadian law took an important step by recognizing that patterns of family violence can support a legal claim beyond criminal or family court proceedings. If you or someone you love is experiencing abuse, understanding […]
How Long After Separation Can You Claim Assets?
When your marriage ends, the difficult and complicated process of untangling your lives begins. That includes dividing assets and debts. In BC, the general rule is that all family property and all family debt is divided equally when you separate, regardless of whose name the property or debt is in. While BC spouses are entitled […]
Do You Need a Lawyer When Someone Dies in BC?
The period after the death of a close family member can be very overwhelming. As you are grieving and coming to terms with the loss, you are also trying to figure out what steps to take to handle the deceased person’s affairs and how to deal with estate assets. There is a lot to be […]
Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker
In this article we will discuss important points from Gibb Estate (Re), 2021 BCSC 2461 on mental capacity, validity of wills, and the court’s duty to give effect to a deceased’s intentions whenever possible. While in the hospital after suffering a heart attack, a BC man named John Gibb requested that his lawyer prepare a new […]
No Posthumous Removal or Use of Reproductive Material Without Consent
Can human reproductive material removed from a deceased donor who had not given prior written consent to its removal or use be used to create embryos to allow his partner to have a child fathered by him? The definitive answer is no, per the BC Court of Appeal in L.T. v. D.T. Estate, 2020 BCCA […]
BC Estate Litigation Determines Authenticity of Handwritten Change to Will
Can a handwritten document purporting to change a will be given legal effect via BC estate litigation? Section 58 of WESA is a broad curative provision. It provides the court with the discretion to validate a document which has not been made in compliance with the formalities of will-making and allow it to be admitted to probate, if satisfied that the document “represents the testamentary intentions of the will-maker.”