Our Vancouver estate litigation lawyers have recently been discussing adult incapacity, the nature of committeeship, and the issues for determination on a BC committeeship application. In today’s…
Marriage is a contract. If one or both parties lacked the mental capacity to understand the nature of the marriage contract and the legal consequences flowing from…
In an earlier post, we discussed Ross-Scott v. Potvin, 2014 BCSC 435, a case in which the only living relatives of the deceased challenged what they viewed…
Our Vancouver estate litigators and family lawyers have been examining the issue of predatory marriage in BC and concerns that such marriages may be on the rise…
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…
A presumption of undue influence is established when the nature of the relationship between the parties demonstrates the potential for domination. To rebut the presumption, the donor…
Can a handwritten will be valid? In Hadley Estate (Re), 2016 BCSC 765 the court was asked to decide whether a handwritten journal entry described as a…
Issues of testamentary capacity and undue influence frequently arise when a new will is made under ostensibly suspicious circumstances: late in a testator’s life, while in the…
In Elder Estate v. Bradshaw, 2015 BCSC 1266, disinherited family members questioned the testamentary capacity of their elderly uncle who, while in the early stages of Alzheimer’s-related…
Can a parent make a gift of property to some adult children but not others? Is mere suspicion that the transfer is “out of character” sufficient to…