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Alienation

Minor Child Not Permitted to have Counsel to Advocate Against Disfavoured Parent - 13 July 2018

Articles

The ‘Last Will’: Filmmaker Daniel Pierce on Eleanor Hadley’s Written Wills - 25 October 2017
Use Presumptions to Your Advantage or Lose - 5 May 2016
A Power of Attorney Must Act in Good Faith - 22 December 2015

Breach of Fiduciary Duty

BC Executor’s Fee Disallowed Due to “Dismal Failures” in Administering the Estate - 5 October 2021
BC Divorce Law: Help! My Spouse Drained Our Joint Line of Credit - 9 November 2019
Constructive Trust Imposed in Absence of Unjust Enrichment - 14 March 2017
Fiduciary Duty: Agent’s Fraud Cured by Constructive Trust - 14 March 2017
Can You Have Unequal Division of Estate in a Will? - 18 March 2016
Fiduciary Duty: Are Beneficiaries Dependent or Vulnerable? - 2 February 2016
Can you Rebut the Presumption of Resulting Trust? - 25 November 2015

Capacity to Marry

BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage? - 21 August 2020
Were Elderly Man’s Marriage and Will the Products of Undue Influence by his Caregiver? - 17 August 2020
BC Estate Litigation Challenges Elderly Man’s Capacity to Marry His Caregiver - 29 May 2020

Commiteeship

The Legal Costs of BC Committeeship Applications - 20 April 2022
Adult Guardianship in BC: Resolving Competing Committeeship Petitions - 8 April 2022
Bid for Special Referee Denied; Draws Costs in BC Committeeship Application - 18 March 2022
Family Dispute Leads to Contested Committeeship Application - 11 March 2022
Court Clarifies Costs of Estate Litigation in Complex Family Dispute - 10 December 2021
Advance Care Planning: Machines Keeping You Alive or Not? - 15 November 2021
Punitive Special Costs in BC Committeeship Proceedings - 12 May 2021
Special Costs Granted from the Estate in Protracted BC Committeeship Proceedings - 24 September 2020
Who Pays the Legal Costs of a Committeeship Application? - 18 September 2020
Dispute over Mother’s Mental Capacity Gives Rise to Vancouver Litigation - 2 September 2020

Construction of a Will

Judge Rectifies Error from an “Accidental Slip” in BC Will - 27 August 2021
Charitable Gift in BC Will Leads to Estate Litigation - 26 May 2021

Constructive Trust

BC Mutual Wills Agreement FAQs - 26 January 2023
Trespass Damages Dropped in Vancouver Estate Litigation - 3 February 2022
Ex-Wife and New Spouse Battle Over $100,000 Life Insurance Proceeds - 17 September 2021
Court Appoints Administrator to Investigate $5 Million Vancouver Estate Litigation Claim - 30 April 2021
Competing Claims of a Second Spouse to Life Insurance Proceeds - 6 March 2020
Vancouver Estate Lawyers on Remedy for Unjust Enrichment: Money or Property? - 13 December 2019
Vancouver Estate Law: Constructive Trusts to Resolve Unfairness - 20 November 2019

Contract

Ex-Wife Entitled to $250,000 Life Insurance as Promised in Separation Agreement - 5 May 2021
BC Couple Enforces Contract Promising Inheritance - 10 December 2020

Costs

Everything You Need To Know About Divorce in BC - 23 February 2023
The Legal Costs of BC Committeeship Applications - 20 April 2022
Bid for Special Referee Denied; Draws Costs in BC Committeeship Application - 18 March 2022
Court Clarifies Costs of Estate Litigation in Complex Family Dispute - 10 December 2021
“Reprehensible” Conduct in Family Law Case Draws Over $1.2 Million Costs Award - 19 May 2021
Punitive Special Costs in BC Committeeship Proceedings - 12 May 2021
Special Costs Granted from the Estate in Protracted BC Committeeship Proceedings - 24 September 2020
Who Pays the Legal Costs of a Committeeship Application? - 18 September 2020
BC Estate Litigation Arises from Suspicious Marriage and Missing Gold Coins - 6 August 2020
Special Costs of All Parties Ordered to be Paid Out of Estate Following BC Will Challenge - 8 July 2020
Rectification of Wills in BC - 17 June 2020
Who Pays the Costs of Vancouver Estate Litigation? - 12 February 2020
Application for Security for Costs Denied in Vancouver Estate Litigation - 9 October 2019

Current Support Issues

New COVID-19 processes at Onyx - 17 March 2020
Corporate Income: How is Spousal Support Calculated? - 20 February 2018
Lucyshyn v. Morrey: Spousal Support - 12 July 2017

Document Production

No Order for Production of Wife’s Computer Hard Drive in High Conflict BC Family Law Case - 4 August 2021
Disclosure of Vancouver Estate Lawyer’s Privileged File Ordered - 15 April 2020

Elder Abuse

Medical Examination Ordered After Alleged Victim of Elder Abuse Denies Incapacity - 22 September 2021
Family of BC Senior with Dementia Sues Alleged Financial Predator - 14 April 2021
Who Pays the Legal Costs of a Committeeship Application? - 18 September 2020
Abused Senior Sets Aside Transfer of his Home to Predatory Spouse - 13 May 2020

Estate Law

Benefits of Estate Planning - 27 March 2023
The Ultimate Estate Planning Checklist - 22 March 2023
Can a Notary Probate a Will in BC? - 13 March 2023
Father Died. No Will. Does Live-In Girlfriend Inherit His Estate? - 4 March 2023
How long does an executor have to settle an estate in Canada? - 24 February 2023
Wills Variation Act in British Columbia - 14 February 2023
Justified Reasons to Remove Executors/Trustees - 9 February 2023
Codicil To A Will In British Columbia - 31 January 2023
Notice of Dispute in British Columbia - 31 January 2023
Everything You Should Know About Estate Law in British Columbia - 27 January 2023
BC Mutual Wills Agreement FAQs - 26 January 2023
Executor Not Communicating With Beneficiaries - 25 January 2023
Does a Spouse Automatically Inherit Everything in BC - 25 January 2023
Father Died Without A Will. Does His Common Law Partner Inherit His Estate? - 16 January 2023
What is a Probate Lawyer? - 23 December 2022
BC Inheritance and Estate Laws - 14 December 2022
Spousal Rights After Death in BC - 11 December 2022
The Legal Costs of BC Committeeship Applications - 20 April 2022
Dementia Raises Suspicion that Late-in-Life Will Not Valid - 13 April 2022
BC Court Declares Unsigned Will To Be Valid - 13 April 2022
Adult Guardianship in BC: Resolving Competing Committeeship Petitions - 8 April 2022
Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death - 4 April 2022
Relying on Statements of a Deceased Person in Estate Claims - 28 March 2022
Non-Domiciled Estates: My family member died overseas, leaving assets in British Columbia. What should I do? - 24 March 2022
Assets Transferred from Mom to Daughter Challenged After Mom’s Death - 23 March 2022
Supreme Court of Canada Weighs in on Privacy in Probate Proceedings - 22 March 2022
Family Dispute Leads to Contested Committeeship Application - 11 March 2022
Trespass Damages Dropped in Vancouver Estate Litigation - 3 February 2022
My Friend/Sibling/Cousin/etc. Died Without A Will. Can I Apply To Administer His/Her/Their BC Estate? - 18 January 2022
Court Clarifies Costs of Estate Litigation in Complex Family Dispute - 10 December 2021
Estate of BC Biker Divided Between His Wife and “Secret” Common-Law Spouse - 17 November 2021
BC Executor’s Fee Disallowed Due to “Dismal Failures” in Administering the Estate - 5 October 2021
Medical Examination Ordered After Alleged Victim of Elder Abuse Denies Incapacity - 22 September 2021
Ex-Wife and New Spouse Battle Over $100,000 Life Insurance Proceeds - 17 September 2021
BC Mom Who Transferred Property to Kids to Avoid Creditors Not Allowed to Reclaim It - 2 September 2021
Judge Rectifies Error from an “Accidental Slip” in BC Will - 27 August 2021
Vancouver Estate Litigation: Are “Pour-Over” Clauses Valid in BC Wills? - 21 July 2021
Interim Disbursement Refused as it Amounted to Re-Writing of Disputed Will - 16 July 2021
Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim - 8 July 2021
Can Beneficiaries Receive Interim Distribution Pending Wills Variation Claim? - 23 June 2021
Father Disinherits Daughters in a Misguided Attempt to Punish Them - 4 June 2021
Charitable Gift in BC Will Leads to Estate Litigation - 26 May 2021
Punitive Special Costs in BC Committeeship Proceedings - 12 May 2021
Court Appoints Administrator to Investigate $5 Million Vancouver Estate Litigation Claim - 30 April 2021
Disinherited Second Wife’s Lawsuit Against Her Stepchildren Dismissed - 23 April 2021
Family of BC Senior with Dementia Sues Alleged Financial Predator - 14 April 2021
Will Not Updated Post-Separation, But Former Spouse Still Inherits Ex’s Estate - 8 April 2021
Too Late for Mother to “Change Her Mind” After Gifting House to Daughter - 24 March 2021
Legal Presumption Determines Outcome of BC Estate Dispute Among Siblings - 18 March 2021
Was Property Transferred to Defeat a Mutual Will? - 17 February 2021
BC Executor’s Fees Not Allowed for Opposing Wills Variation Claim - 22 January 2021
BC Executor’s Fees Reduced for Failure to Remain Neutral - 13 January 2021
Solicitor/Executor’s Remuneration Claim Excessive, Despite Charging Clause in Will - 30 December 2020
Beneficiary Disputes $400,000 Fee to Administer a BC Estate - 23 December 2020
BC Couple Enforces Contract Promising Inheritance - 10 December 2020
Cultural Tradition Favouring Sons Rejected by BC Courts - 2 December 2020
BC Wills Variation Claim Nets Increased Inheritance for Only Child - 26 November 2020
BC Court Finds Father had Good Reason to Disinherit Two Sons - 18 November 2020
Spite Not a “Valid and Rational” Reason to Disinherit a Child - 12 November 2020
BC Court Refuses Disinherited Daughter’s Wills Variation Claim - 5 November 2020
Who Caused the Estrangement that led Father to Disinherit Daughter? - 29 October 2020
Can a Suicide Note be a Valid Will? - 2 October 2020
Dispute over Mother’s Mental Capacity Gives Rise to Vancouver Litigation - 2 September 2020
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage? - 21 August 2020
Were Elderly Man’s Marriage and Will the Products of Undue Influence by his Caregiver? - 17 August 2020
BC Estate Litigation Arises from Suspicious Marriage and Missing Gold Coins - 6 August 2020
BC Wills Variation: Moral Obligation to Child Not Met by Benefiting Grandchildren - 30 July 2020
Removing an Executor: Can Both Co-Executors Appointed in a Will be Removed? - 22 July 2020
Special Costs of All Parties Ordered to be Paid Out of Estate Following BC Will Challenge - 8 July 2020
Vancouver Estate Litigation: Removal of Co-Executor Due to Inaction and Delay - 3 July 2020
Using Joint Tenancy as a Device for Estate Planning May Lead to Litigation - 24 June 2020
Resulting Trust for the Purposes of Creditors but Not Family Members? - 10 June 2020
BC Estate Litigation Challenges Elderly Man’s Capacity to Marry His Caregiver - 29 May 2020
Increased Risk of Predatory Marriage During the COVID-19 Pandemic? - 1 May 2020
Disclosure of Vancouver Estate Lawyer’s Privileged File Ordered - 15 April 2020
Court Affirms Test for Testamentary Capacity in BC Will Challenge - 9 April 2020
Equal Treatment Not Always Required When Dividing an Estate in BC - 1 April 2020
Son’s Vancouver Estate Law Claim Denied due to Benefits Received Through the Years - 25 March 2020
Vancouver Estate Lawyers Discuss Competing Claims to Insurance Proceeds - 20 March 2020
Competing Claims of a Second Spouse to Life Insurance Proceeds - 6 March 2020
Long-Term Second Spouse’s Successful Wills Variation Claim - 26 February 2020
Who Pays the Costs of Vancouver Estate Litigation? - 12 February 2020
Changing a Will in BC: Beneficiary Disinherited by White-Out - 29 January 2020
Vancouver Estate Lawyers on Remedy for Unjust Enrichment: Money or Property? - 13 December 2019
Vancouver Estate Law: Applying Unjust Enrichment to Disappointed Beneficiary Claim - 4 December 2019
Vancouver Estate Law: Constructive Trusts to Resolve Unfairness - 20 November 2019
Dividing an Estate: Gift During Lifetime of Parent to Adult Child - 13 November 2019
BC Divorce Law: Help! My Spouse Drained Our Joint Line of Credit - 9 November 2019
Application for Security for Costs Denied in Vancouver Estate Litigation - 9 October 2019
High-Profile Vancouver Estate Law Claim Results in Disappointed Beneficiary - 11 September 2019
Avoid BC Estate Litigation by Making a Will that Meets Formality Requirements - 4 September 2019
Left Out of Spouse’s Will: Do I Bring a BC Estate Law or Family Law Claim? - 30 January 2019
Vancouver Estate Law: Proving Claims Against Deceased Persons - 18 December 2018
BC Child Support Obligations After Death - 14 December 2018
Vancouver Estate Law: Claims by Common-Law Partners - 5 October 2018
Changing a Will After Death of Common-Law Partner - 28 September 2018
Partner Died Without a Will in BC: Common-Law Partner’s Inheritance at Risk - 14 September 2018

Evidence

Relying on Statements of a Deceased Person in Estate Claims - 28 March 2022

Executor's Fees

BC Executor’s Fee Disallowed Due to “Dismal Failures” in Administering the Estate - 5 October 2021

Family Law

Uncontested Divorce in British Columbia: A Comprehensive Guide - 13 March 2023
Common Law in BC: A Comprehensive Guide For Unmarried Couples - 7 March 2023
Common Law Partner Rights After Death in BC - 7 March 2023
Everything You Need To Know About Divorce in BC - 23 February 2023
Is spousal support tax deductible? - 15 February 2023
How to not pay spousal support in British Columbia - 10 February 2023
How long does spousal support last in BC? - 3 February 2023
Calculating Spousal Support in British Columbia - 2 February 2023
Presumption of Advancement in British Columbia Estate and Family Law - 1 February 2023
Imputing Income For Child Support in BC - 25 January 2023
Does a Stepparent Have to Pay Child Support in BC? - 24 January 2023
Unjust Enrichment vs Quantum Meruit in British Columbia Law - 30 December 2022
Spousal Rights After Death in BC - 11 December 2022
Are You Entitled To Spousal Support in BC? - 10 December 2022
Child Custody When Parents Live in Different Countries - 10 December 2022
Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death - 4 April 2022
No Order for Production of Wife’s Computer Hard Drive in High Conflict BC Family Law Case - 4 August 2021
BC Court Recognizes Third Legal Parent in Polyamorous Relationship - 27 July 2021
“Reprehensible” Conduct in Family Law Case Draws Over $1.2 Million Costs Award - 19 May 2021
Ex-Wife Entitled to $250,000 Life Insurance as Promised in Separation Agreement - 5 May 2021
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage? - 21 August 2020
Abused Senior Sets Aside Transfer of his Home to Predatory Spouse - 13 May 2020
BC Family Lawyers on Using Unjust Enrichment to Obtain Share of Property - 6 May 2020
Increased Risk of Predatory Marriage During the COVID-19 Pandemic? - 1 May 2020
Divorce Law BC: Dividing Assets Acquired by Joint Family Venture - 22 April 2020
BC Divorce Law: Help! My Spouse Drained Our Joint Line of Credit - 9 November 2019
Joint Family Ventures and Sharing of Family Assets - 2 October 2019
Can I Challenge a BC Marriage Agreement if I got Legal Advice Before Signing? - 25 September 2019
Challenging the Enforceability of a BC Marriage Agreement - 18 September 2019
High-Profile Vancouver Estate Law Claim Results in Disappointed Beneficiary - 11 September 2019
Avoid BC Estate Litigation by Making a Will that Meets Formality Requirements - 4 September 2019
Should You Seek Lump Sum BC Spousal Support? - 8 January 2019
Frequently Asked Questions About Entitlement to Spousal Support - 27 December 2018
BC Child Support Obligations After Death - 14 December 2018
How Does BC Family Law Apply to Division of Stock Options? - 28 November 2018
Divorce Law BC: “Meeting of the Minds” Not Needed for Spouses to Separate - 28 November 2018
BC Spousal Support for Common-Law Same-Sex Couples - 21 September 2018
Avoiding Spousal Support by Keeping Finances Separate? - 7 September 2018
Is BC Spousal Support Owed If Couple Didn’t Live Together? - 31 August 2018
Common-Law Relationship in BC: When Does a Girlfriend or Boyfriend Become a Spouse? - 24 August 2018
Are You Entitled To Spousal Support At The End Of A “Marriage-Like” Relationship? - 10 August 2018
Minor Child Not Permitted to have Counsel to Advocate Against Disfavoured Parent - 13 July 2018
Using Unjust Enrichment to Rebut Presumption of Joint Tenants’ Equal Interest - 11 May 2018
Corporate Income: How is Spousal Support Calculated? - 6 March 2018
Corporate Income: How is Spousal Support Calculated? - 20 February 2018
Family Law and Revenge Porn: What To Do If You Are A Victim - 15 February 2018
Legal Test of “Best Interests of the Child” is the Only Consideration - 9 February 2018
BC Divorce Law: Parenting Coordinators Offer New Approach - 9 February 2018
BC Family Law: Increasingly Proactive Role of Judges - 5 December 2017
Do Grandparents Have Visitation Rights in BC? Parental Authority and Grandparent Access - 5 December 2017
BC Parenting Order Issues: Failure to Abide by Access Order - 5 December 2017
What Not to Do in a Custody Battle: Using Access as Negotiating Lever - 5 December 2017
Child Custody When Parents Live In Different Countries: Jurisdiction of the Court - 5 December 2017
International Child Custody: Child’s Habitual Residence & Temporary Stays Abroad - 28 November 2017
International Family Law: What if Spouse Doesn’t Live in Canada? - 7 November 2017
Divorce Negotiation Tactics: Dependent Person and Child Tax Credits - 29 September 2017
How is Child Support Calculated Where Spouse Earns Corporate Income? - 18 September 2017
Calculating Income for Child Support Where Income Fluctuates from Year to Year - 15 September 2017
Adult Dependent Children: When Does Child Support End? - 15 September 2017
Filing for Separation in BC: Sex and Separation - 29 August 2017
BC Family Law: Post-Separation Change in Value of Family Property - 24 August 2017
Is Family Property Divided Equally After Separation? - 17 August 2017
How to Divide Family Property: No “Second Kick at the Can” to Prove a Claim - 11 August 2017
BC Spousal Support & Family Law Issues: Is Summary Trial Suitable? - 4 August 2017
Kawchuk v. Kovacs: Incomplete Disclosure - 26 July 2017
Misrepresenting Income: Are You Entitled to Spousal Support? - 19 July 2017
Lucyshyn v. Morrey: Spousal Support - 12 July 2017
Stobo v. Stobo: Changing a Spousal Support Agreement - 7 July 2017
Re-Partnering: Does Spousal Support End When You Remarry? - 4 July 2017
Are You Entitled to Spousal Support? Post-Separation Income Increases - 27 June 2017
Divorce Law BC: Post-Separation Expenses - 22 June 2017
How Does Child Support Work If Income Fluctuates? - 21 June 2017
Calculating Income for Child Support: Proving Business Expenses - 15 June 2017
How Is Child Support Calculated If Income Is Over $150,000? - 13 June 2017
Back Child Support in the Face of a Contempt Order - 8 June 2017
Deemed Dividends: How Is Child Support Calculated? - 9 May 2017
Retroactive Child Support and Structure of Support Reviews - 1 May 2017
Back Child Support for Teenage Children - 1 May 2017
No Deemed Blameworthiness for Retroactive Child Support - 18 April 2017
Retroactive Reduction of Back Child Support - 13 April 2017
The Scale of Blameworthiness: When Does Child Support Start? - 12 April 2017

Family Property Division

Uncontested Divorce in British Columbia: A Comprehensive Guide - 13 March 2023
Spousal Rights After Death in BC - 11 December 2022
Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death - 4 April 2022
BC Family Lawyers on Using Unjust Enrichment to Obtain Share of Property - 6 May 2020
Divorce Law BC: Dividing Assets Acquired by Joint Family Venture - 22 April 2020
Joint Family Ventures and Sharing of Family Assets - 2 October 2019

For the Business Owner

My Non-Sabbatical: Practicing Law Outside the Box - 27 August 2015

Fraudulent Conveyance

BC Mom Who Transferred Property to Kids to Avoid Creditors Not Allowed to Reclaim It - 2 September 2021
Using Joint Tenancy as a Device for Estate Planning May Lead to Litigation - 24 June 2020

Good Conscience

Vancouver Estate Law: Constructive Trusts to Resolve Unfairness - 20 November 2019

Hearsay

Relying on Statements of a Deceased Person in Estate Claims - 28 March 2022

Intestacy

Common Law Partner Rights After Death in BC - 7 March 2023
Codicil To A Will In British Columbia - 31 January 2023
Estate of BC Biker Divided Between His Wife and “Secret” Common-Law Spouse - 17 November 2021

Judgments

BC Estate Litigation Arises from Suspicious Marriage and Missing Gold Coins - 6 August 2020
W v. British Columbia (Superintendent of Motor Vehicles), September 11, 2015, BCSC - 10 October 2017
R. v. S, 2015 BCCA 430 - 10 October 2017
R. v. J.L.M., 2017 BCCA 258 - 10 October 2017
BC Spousal Support & Family Law Issues: Is Summary Trial Suitable? - 4 August 2017
Co-Executor Capacity of the last Will and Testament of Douglas David Rennie - 24 March 2016
R.P. Johnson Trust - 25 November 2015
Sevy v. Sevy - 5 November 2015
Hancock v. Hancock - 2 October 2015

Lack of Capacity

Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker - 19 May 2022
Dementia Raises Suspicion that Late-in-Life Will Not Valid - 13 April 2022
Family Dispute Leads to Contested Committeeship Application - 11 March 2022
Medical Examination Ordered After Alleged Victim of Elder Abuse Denies Incapacity - 22 September 2021
Dispute over Mother’s Mental Capacity Gives Rise to Vancouver Litigation - 2 September 2020
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage? - 21 August 2020
Were Elderly Man’s Marriage and Will the Products of Undue Influence by his Caregiver? - 17 August 2020
BC Estate Litigation Challenges Elderly Man’s Capacity to Marry His Caregiver - 29 May 2020
Increased Risk of Predatory Marriage During the COVID-19 Pandemic? - 1 May 2020
Disclosure of Vancouver Estate Lawyer’s Privileged File Ordered - 15 April 2020
Court Affirms Test for Testamentary Capacity in BC Will Challenge - 9 April 2020
Testamentary Capacity: Challenging a Will Made by a Person with Dementia - 11 July 2018
Predatory Marriage in BC Set Aside Due to Incapacity - 28 June 2018
Dementia and Mental Capacity to Leave Estate to Caregiver - 30 May 2016

Marriage Arrangements

Uncontested Divorce in British Columbia: A Comprehensive Guide - 13 March 2023
Can I Challenge a BC Marriage Agreement if I got Legal Advice Before Signing? - 25 September 2019
Challenging the Enforceability of a BC Marriage Agreement - 18 September 2019

Marriage-like Relationships

Common Law Partner Rights After Death in BC - 7 March 2023
Father Died. No Will. Does Live-In Girlfriend Inherit His Estate? - 4 March 2023
Estate of BC Biker Divided Between His Wife and “Secret” Common-Law Spouse - 17 November 2021
Will Not Updated Post-Separation, But Former Spouse Still Inherits Ex’s Estate - 8 April 2021

Notice of Dispute

Notice of Dispute in British Columbia - 31 January 2023

Property Transfers

Disinherited Second Wife’s Lawsuit Against Her Stepchildren Dismissed - 23 April 2021
Abused Senior Sets Aside Transfer of his Home to Predatory Spouse - 13 May 2020

Rectification of Wills

Rectification of Wills in BC - 17 June 2020

Removal of a Trustee

Removing an Executor: Can Both Co-Executors Appointed in a Will be Removed? - 22 July 2020

Resulting Trust

Assets Transferred from Mom to Daughter Challenged After Mom’s Death - 23 March 2022
BC Mom Who Transferred Property to Kids to Avoid Creditors Not Allowed to Reclaim It - 2 September 2021
Disinherited Second Wife’s Lawsuit Against Her Stepchildren Dismissed - 23 April 2021
Too Late for Mother to “Change Her Mind” After Gifting House to Daughter - 24 March 2021
Legal Presumption Determines Outcome of BC Estate Dispute Among Siblings - 18 March 2021
Using Joint Tenancy as a Device for Estate Planning May Lead to Litigation - 24 June 2020
Resulting Trust for the Purposes of Creditors but Not Family Members? - 10 June 2020
Dividing an Estate: Gift During Lifetime of Parent to Adult Child - 13 November 2019

Solicitor-Client Privilege

Disclosure of Vancouver Estate Lawyer’s Privileged File Ordered - 15 April 2020

Spousal status

Common Law Partner Rights After Death in BC - 7 March 2023

Supreme Court of Canada

Vancouver Estate Lawyers Discuss Competing Claims to Insurance Proceeds - 20 March 2020
Competing Claims of a Second Spouse to Life Insurance Proceeds - 6 March 2020

Supreme Court of Canada News

Genetic Material Rights BC: Is Reproductive Material Property? - 5 March 2018

Testimonials

Client Testimonial - 24 May 2016
Client Testimonial – Charlotte Lochhead - 6 September 2015
Client Testimonial – Rudy Engstrom - 6 September 2015
Client Testimonial – Cheryl P. - 6 September 2015
Client Testimonial – David Findlay - 6 September 2015
Client Testimonial – Art Findlay - 6 September 2015
Client Testimonial – D.K. - 6 September 2015
Client Testimonial – L.F. - 6 September 2015
Client Testimonial – Patti - 6 September 2015
Client Testimonial – D.Chambers - 6 September 2015
Client Testimonial – Dave Norman - 6 September 2015
Client Testimonial – Merina Korsrud - 6 September 2015
Client Testimonial – Sandy - 6 September 2015

Trespass

Trespass Damages Dropped in Vancouver Estate Litigation - 3 February 2022

Trusts

Benefits of Estate Planning - 27 March 2023
Can A Right of Survivorship Bank Account Be Challenged? - 31 January 2023
Everything You Should Know About Alter Ego Trusts - 21 December 2022
Dividing an Estate: Gift During Lifetime of Parent to Adult Child - 13 November 2019
Vancouver Estate Litigation: Did Mother Intend to Give House to Son? - 27 April 2018
Breach of Fiduciary Duty Under Power of Attorney - 26 March 2018
Joint Tenancy and the Right of Survivorship - 19 March 2018
Financial Nondisclosure the “Cancer” of BC Estate Litigation - 7 March 2018
Resulting Trusts: Tax Filings as Evidence of Transferor’s Intent - 15 February 2018
Proprietary Estoppel: Are Promises Enforceable? - 24 January 2018
“Good Conscience” Constructive Trust in Non-Agency Scenario - 28 March 2017
Resulting Trusts: Critical Time for Determining Intent - 28 March 2017
Promised Inheritance May Be Enforced By Resulting Trust - 16 March 2017

Uncategorized

Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker - 19 May 2022
No Posthumous Removal or Use of Reproductive Material Without Consent - 18 June 2021
Vancouver Estate Lawyers Discuss Competing Claims to Insurance Proceeds - 20 March 2020
BC Estate Litigation Determines Authenticity of Handwritten Change to Will - 5 February 2020
Onyx Law in Fox News - 8 January 2019
Onyx Law in CBC news - 8 January 2019
Onyx Law Group Friends and Family Event, April 14, 2018 - 18 April 2018

Undue Influence

What is Undue Influence - 5 January 2023
Family Dispute Leads to Contested Committeeship Application - 11 March 2022
Medical Examination Ordered After Alleged Victim of Elder Abuse Denies Incapacity - 22 September 2021
Family of BC Senior with Dementia Sues Alleged Financial Predator - 14 April 2021
Who Pays the Legal Costs of a Committeeship Application? - 18 September 2020
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage? - 21 August 2020
Were Elderly Man’s Marriage and Will the Products of Undue Influence by his Caregiver? - 17 August 2020
Abused Senior Sets Aside Transfer of his Home to Predatory Spouse - 13 May 2020
Increased Risk of Predatory Marriage During the COVID-19 Pandemic? - 1 May 2020
Does Independent Legal Advice Rebut Undue Influence? - 2 May 2018
Vancouver Estate Litigation: Handwritten Wills - 20 July 2016
Suspicious Circumstances: Fluctuating Capacity of Testator - 16 June 2016
Dementia, Undue Influence and Testamentary Capacity - 31 May 2016
Rebutting the Presumption of Resulting Trust - 18 May 2016
Settling an estate: Denied a share of parent’s property - 10 May 2016
A Presumption of Undue influence Where one Party Can Dominate Another - 15 February 2016
Suspicious Circumstances Displace Presumption of Valid Will - 26 January 2016
Undue Influence, Mental Illness, Trusts and Life Estates - 1 December 2015

Unjust Enrichment

Estate of BC Biker Divided Between His Wife and “Secret” Common-Law Spouse - 17 November 2021
Ex-Wife and New Spouse Battle Over $100,000 Life Insurance Proceeds - 17 September 2021
BC Mom Who Transferred Property to Kids to Avoid Creditors Not Allowed to Reclaim It - 2 September 2021
BC Family Lawyers on Using Unjust Enrichment to Obtain Share of Property - 6 May 2020
Son’s Vancouver Estate Law Claim Denied due to Benefits Received Through the Years - 25 March 2020
Vancouver Estate Lawyers Discuss Competing Claims to Insurance Proceeds - 20 March 2020
Competing Claims of a Second Spouse to Life Insurance Proceeds - 6 March 2020
Vancouver Estate Lawyers on Remedy for Unjust Enrichment: Money or Property? - 13 December 2019
Vancouver Estate Law: Applying Unjust Enrichment to Disappointed Beneficiary Claim - 4 December 2019

WESA s. 2

Common Law Partner Rights After Death in BC - 7 March 2023

WESA s. 37

DIY Will Declared Valid, as Were Gifts to Signing Witnesses - 2 June 2022
Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker - 19 May 2022

WESA s. 43

DIY Will Declared Valid, as Were Gifts to Signing Witnesses - 2 June 2022

WESA s.151

Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death - 4 April 2022

WESA s.58

Codicil To A Will In British Columbia - 31 January 2023
DIY Will Declared Valid, as Were Gifts to Signing Witnesses - 2 June 2022
Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker - 19 May 2022
BC Court Declares Unsigned Will To Be Valid - 13 April 2022
Will Not Updated Post-Separation, But Former Spouse Still Inherits Ex’s Estate - 8 April 2021
Can a Suicide Note be a Valid Will? - 2 October 2020
Who Pays the Costs of Vancouver Estate Litigation? - 12 February 2020
BC Estate Litigation Determines Authenticity of Handwritten Change to Will - 5 February 2020
Changing a Will in BC: Beneficiary Disinherited by White-Out - 29 January 2020

WESA s.59

Judge Rectifies Error from an “Accidental Slip” in BC Will - 27 August 2021
Rectification of Wills in BC - 17 June 2020

WESA s.60

Wills Variation Act in British Columbia - 14 February 2023
BC Inheritance and Estate Laws - 14 December 2022
Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim - 8 July 2021
Can Beneficiaries Receive Interim Distribution Pending Wills Variation Claim? - 23 June 2021
Father Disinherits Daughters in a Misguided Attempt to Punish Them - 4 June 2021
Cultural Tradition Favouring Sons Rejected by BC Courts - 2 December 2020
BC Wills Variation Claim Nets Increased Inheritance for Only Child - 26 November 2020
BC Court Finds Father had Good Reason to Disinherit Two Sons - 18 November 2020
Spite Not a “Valid and Rational” Reason to Disinherit a Child - 12 November 2020
BC Court Refuses Disinherited Daughter’s Wills Variation Claim - 5 November 2020
Who Caused the Estrangement that led Father to Disinherit Daughter? - 29 October 2020
Overprovision for Daughter Tantamount to Disinheriting Other Children in BC Will - 21 October 2020

Wills

Benefits of Estate Planning - 27 March 2023
The Ultimate Estate Planning Checklist - 22 March 2023
Wills Variation Act in British Columbia - 14 February 2023
Is A Handwritten Will Legal in British Columbia? (Case Study) - 10 February 2023
Codicil To A Will In British Columbia - 31 January 2023
Everything You Should Know About Estate Law in British Columbia - 27 January 2023
BC Inheritance and Estate Laws - 14 December 2022
DIY Will Declared Valid, as Were Gifts to Signing Witnesses - 2 June 2022
Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker - 19 May 2022
Dementia Raises Suspicion that Late-in-Life Will Not Valid - 13 April 2022
BC Court Declares Unsigned Will To Be Valid - 13 April 2022
Beneficiary Designations: Review Regularly and Update As Needed - 15 November 2021
Judge Rectifies Error from an “Accidental Slip” in BC Will - 27 August 2021
Vancouver Estate Litigation: Are “Pour-Over” Clauses Valid in BC Wills? - 21 July 2021

Wills Variation

Odds of Winning Contesting a Will - 17 March 2023
Can a Notary Probate a Will in BC? - 13 March 2023
Wills Variation Act in British Columbia - 14 February 2023
Is A Handwritten Will Legal in British Columbia? (Case Study) - 10 February 2023
Calculating Executor’s Fees in BC for “Fair and Reasonable” Compensation - 2 December 2022
Interim Disbursement Refused as it Amounted to Re-Writing of Disputed Will - 16 July 2021
Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim - 8 July 2021
Can Beneficiaries Receive Interim Distribution Pending Wills Variation Claim? - 23 June 2021
Father Disinherits Daughters in a Misguided Attempt to Punish Them - 4 June 2021
BC Executor’s Fees Not Allowed for Opposing Wills Variation Claim - 22 January 2021
Cultural Tradition Favouring Sons Rejected by BC Courts - 2 December 2020
BC Wills Variation Claim Nets Increased Inheritance for Only Child - 26 November 2020
BC Court Finds Father had Good Reason to Disinherit Two Sons - 18 November 2020
Spite Not a “Valid and Rational” Reason to Disinherit a Child - 12 November 2020
BC Court Refuses Disinherited Daughter’s Wills Variation Claim - 5 November 2020
Who Caused the Estrangement that led Father to Disinherit Daughter? - 29 October 2020
Overprovision for Daughter Tantamount to Disinheriting Other Children in BC Will - 21 October 2020
BC Wills Variation: Moral Obligation to Child Not Met by Benefiting Grandchildren - 30 July 2020
Equal Treatment Not Always Required When Dividing an Estate in BC - 1 April 2020
Long-Term Second Spouse’s Successful Wills Variation Claim - 26 February 2020
Vancouver Estate Litigation: Did Mother Intend to Give House to Son? - 27 April 2018
Financial Nondisclosure the “Cancer” of BC Estate Litigation - 7 March 2018
BC Estate Law: Who Pays Costs of a Wills Variation Action? - 6 March 2018
BC Wills Variation: Legal and Moral Duties to Second Spouse - 6 March 2018
Wills Variation: Testamentary Freedom vs. Legal/Moral Duties - 9 March 2017
Long-Term Second Spouse’s Successful Wills Variation Claim - 9 March 2017
Estate Law – Common Pitfalls when Preparing a Will - 14 February 2017
Wills Variation: Changing Will After Death of Spouse - 11 January 2017
Wills Variation: Moral Obligation to Children of First Marriage - 11 January 2017
Moral Obligation to Spouse Garners $225K Wills Variation - 28 December 2016
Wills Variation Action Not Barred By Marriage Agreement - 28 December 2016
Estate Law: What Happens if Someone Passes Away with No Will - 28 December 2016
Legal and Moral Obligations on a Wills Variation Claim - 13 December 2016
Estate Litigation: Who Can Contest a Will - 13 December 2016
Wills Variation: Life Estates; Legal & Moral Obligations - 6 December 2016
Estate Litigation: Common Reasons for Contesting a Will in BC - 1 December 2016
Limitation period for wills variation in British Columbia - 26 November 2016
Executor Opposing Wills Variation Application Denied Costs - 26 November 2016
Wills Variation Based on Post-Death Change in Circumstances - 22 November 2016
Parent’s Moral Obligation to Include Adult Child in a Will - 6 November 2016
Widow’s Inheritance Not Limited by Inexperience with Money - 24 October 2016
Wills Variation: Costs Implications for Executor-Beneficiary - 20 October 2016
Vancouver Estate Law: Dividing an Estate in a Blended Family - 14 October 2016
Wills Variation, Vancouver: Competing Moral Obligations - 14 October 2016
Testamentary Capacity: Hearsay Evidence as to State of Mind - 29 September 2016
Disinherited Son Unsuccessfully Challenges Mother’s Will - 26 September 2016
Wills Variation Claims: Balancing Moral Obligations - 21 September 2016
Wills Variation Claim: Spouse Gets Larger Inheritance Despite Lack of Need - 20 September 2016
Competing Wills Claims of Stepchildren and Long-term Second Spouse - 30 August 2016
Wills Variation: $5M Lump Sum Fulfils Moral Obligation to Spouse - 24 August 2016
Vancouver Estate Law: Dividing an Estate in a Blended Family - 18 August 2016
Wills variation: Legal and Moral Obligations to Second Spouse - 15 August 2016
Wills Variation: Date for Adequate Provision in a Will - 28 July 2016
Competing Wills Claims of a Second Spouse and Stepchildren - 20 July 2016
Using WESA to cure deficiencies in a will - 15 July 2016
Do’s and Don’ts of Adding Beneficiaries to a Will - 14 June 2016
Can You Disinherit an Adult Child? - 29 March 2016
Can You Leave Your Estate to Friends? - 21 March 2016
Can You Vary a Will Depending on an Independent’s Financial Needs? - 24 February 2016
Tataryn: BC’s Leading Case on Wills Variation Act - 4 February 2016
Can a Will be Varied Under Moral Obligation? - 29 December 2015
Case Comment: Estate of Young, 2015 BCSC 182 - 21 May 2015
Musings on Dysfunctional Families - 20 April 2015
The Family Relations Act Reform on Estate Litigation - 20 April 2013
Groundbreaking New Law Regarding Joint Tenancies - 26 June 2012
Case Comment: Easingwood v. Cockcroft, 2011 BCSC 154 - 28 September 2011

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Media & Articles

March 27, 2023

Benefits of Estate Planning

Estate planning is not just for the very wealthy. It is important and beneficial for everyone. You may be wondering, why is estate plann…

March 22, 2023

The Ultimate Estate Planning Checklist

Getting an estate plan in place is among the most important things you can do to protect yourself, your loved ones, and your wealth. Many…

March 17, 2023

Odds of Winning Contesting a Will

Contesting a will can be a difficult and emotional process, but for some, it may be the only way to seek justice and ensure that their lo…

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