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Posts

Alienation

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

Articles

The Important Role of an Estate Trustee - 28 September 2023
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

Committeeship Applications in BC - 25 September 2023
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
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

Committeeship Applications in BC - 25 September 2023
Inheritance Tax in BC: Comprehensive Guide - 14 June 2023
Everything You Need To Know About Family Law & Divorce in BC - 5 June 2023
How Much Does It Cost to Get a Divorce in BC? - 30 May 2023
How Long Do You Have to Contest a Will in BC? - 3 May 2023
Average Cost to Contest a Will in British Columbia - 21 April 2023
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
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

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
Abused Senior Sets Aside Transfer of his Home to Predatory Spouse - 13 May 2020

Estate Law

Committeeship Applications in BC - 25 September 2023
What is a Constructive Trust? - 21 September 2023
What is Lack of Testamentary Capacity in BC? - 13 September 2023
Dying Without a Will in BC - 23 August 2023
Estate Planning for Blended Families in BC - 4 August 2023
Estranged Daughter Left Out of Will: A Case Study - 24 July 2023
How to Become an Administrator of an Estate Without a Will in BC - 12 July 2023
Does Independent Legal Advice Rebut Undue Influence? - 27 June 2023
How Long Does It Take to Receive Inheritance from a Will? - 22 June 2023
Inheritance Tax in BC: Comprehensive Guide - 14 June 2023
Resulting Trust for the Purposes of Creditors but Not Family Members? - 6 June 2023
Contesting a Will Due to Dementia - 30 May 2023
Can a Notary Probate a Will in BC? - 8 May 2023
Unequal Inheritance Between Siblings in Canada – Case Study - 8 May 2023
How Long Do You Have to Contest a Will in BC? - 3 May 2023
How Long Does Probate Take in BC? - 3 May 2023
Wills and Succession Act BC: A Comprehensive Guide - 26 April 2023
How to Contest a Will in British Columbia - 24 April 2023
Average Cost to Contest a Will in British Columbia - 21 April 2023
How to Make a Will in British Columbia - 20 April 2023
Co-executor of a Will: Common Problems & Solutions - 19 April 2023
Interim Distribution of an Estate - 13 April 2023
Does a Suicide Note Count As a Will? - 6 April 2023
Benefits of Estate Planning - 27 March 2023
The Ultimate Estate Planning Checklist - 22 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
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
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
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
Who Caused the Estrangement that led Father to Disinherit Daughter? - 29 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
Special Costs of All Parties Ordered to be Paid Out of Estate Following BC Will Challenge - 8 July 2020
Using Joint Tenancy as a Device for Estate Planning May Lead to Litigation - 24 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
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
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

What is a Constructive Trust? - 21 September 2023
Is A Girlfriend A Spouse? Common Law in British Columbia - 28 August 2023
Annulment vs Divorce in British Columbia - 18 August 2023
BC Divorce Online: File for Divorce in British Columbia - 27 July 2023
What is a Child Entitled to When a Parent Dies Without a Will? - 21 July 2023
Family Law Act in British Columbia: A Comprehensive Guide - 13 July 2023
When Does Child Support End in British Columbia? - 13 July 2023
How To Calculate Spousal Support in British Columbia - 12 July 2023
What Am I Entitled to in a Divorce in BC - 22 June 2023
How To Get a Divorce in BC Without a Lawyer - 12 June 2023
Everything You Need To Know About Family Law & Divorce in BC - 5 June 2023
Does Spousal Support End When You Remarry in BC? - 5 June 2023
How Much Does It Cost to Get a Divorce in BC? - 30 May 2023
Dividing Family Property on Separation: Can Your Agreement Be Set Aside - 22 May 2023
Unjust Enrichment in British Columbia – Family Law Case Study - 8 May 2023
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
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
Spousal Support Calculator & Guide 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
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
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
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
Stobo v. Stobo: Changing a Spousal Support Agreement - 7 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

Dividing Family Property on Separation: Can Your Agreement Be Set Aside - 22 May 2023
Unjust Enrichment in British Columbia – Family Law Case Study - 8 May 2023
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
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

Contesting a Will Due to Dementia - 30 May 2023
Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker - 19 May 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

Co-executor of a Will: Common Problems & Solutions - 19 April 2023

Resulting Trust

Resulting Trust for the Purposes of Creditors but Not Family Members? - 6 June 2023
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
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

Dividing Family Property on Separation: Can Your Agreement Be Set Aside - 22 May 2023
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

How to Sever a Joint Tenancy With Right of Survivorship - 19 May 2023
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
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 CBC news - 8 January 2019
Onyx Law Group Friends and Family Event, April 14, 2018 - 18 April 2018

Undue Influence

Does Independent Legal Advice Rebut Undue Influence? - 27 June 2023
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
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
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

Unjust Enrichment in British Columbia – Family Law Case Study - 8 May 2023
How to Contest a Will in British Columbia - 24 April 2023
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
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

Wills and Succession Act BC: A Comprehensive Guide - 26 April 2023
Common Law Partner Rights After Death in BC - 7 March 2023

WESA s. 37

How to Contest a Will in British Columbia - 24 April 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

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

Does a Suicide Note Count As a Will? - 6 April 2023
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
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

Estranged Daughter Left Out of Will: A Case Study - 24 July 2023
How Long Does It Take to Receive Inheritance from a Will? - 22 June 2023
Interim Distribution of an Estate - 13 April 2023
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
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
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

Reasons to Contest a Will in BC - 13 September 2023
How Much Does it Cost to Make a Will in BC? - 31 August 2023
Dying Without a Will in BC - 23 August 2023
What is a Child Entitled to When a Parent Dies Without a Will? - 21 July 2023
How Long Does It Take to Receive Inheritance from a Will? - 22 June 2023
Contesting a Will Due to Dementia - 30 May 2023
How Long Do You Have to Contest a Will in BC? - 3 May 2023
How Long Does Probate Take in BC? - 3 May 2023
Wills and Succession Act BC: A Comprehensive Guide - 26 April 2023
How to Contest a Will in British Columbia - 24 April 2023
How to Make a Will in British Columbia - 20 April 2023
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
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

Dying Without a Will in BC - 23 August 2023
Estranged Daughter Left Out of Will: A Case Study - 24 July 2023
Can a Notary Probate a Will in BC? - 8 May 2023
Unequal Inheritance Between Siblings in Canada – Case Study - 8 May 2023
How Long Do You Have to Contest a Will in BC? - 3 May 2023
How Long Does Probate Take in BC? - 3 May 2023
Wills and Succession Act BC: A Comprehensive Guide - 26 April 2023
How to Contest a Will in British Columbia - 24 April 2023
Interim Distribution of an Estate - 13 April 2023
Odds of Winning Contesting a Will - 17 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
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
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
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
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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The Important Role of an Estate Trustee

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Committeeship Applications in BC

An application to the BC Supreme Court is necessary for a person to become the guardian or “committee” of an incapable adult. The court…

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A constructive trust can be used to resolve unfairness. If you have been wrongfully deprived of property, a constructive trust may be the…

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