Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death
If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving…
Vancouver Estate Litigation Concludes “Pour-Over” Clauses Invalid in BC Wills
A multi-million dollar BC estate was the subject of recent Vancouver estate litigation. The Court in Waslenchuk Estate, 2020 BCSC 1929 was asked to examine the interrelationship…
Spite Not a “Valid and Rational” Reason to Disinherit a Child
Wills variation proceedings are often brought about by estrangement, misunderstandings, and hurt feelings within a family. Enns v. Gordon Estate, 2018 BCSC 705 shows how family grudges…
Long-Term Second Spouse’s Successful Wills Variation Claim
In Ciarniello v. Ciarniello Estate, 2016 BCSC 1699, the British Columbia court was asked to decide a wills variation claim brought by a long-term second spouse who…
Vancouver Estate Law: Constructive Trusts to Resolve Unfairness
A constructive trust may be imposed where a gift of shares in a family business is not completed during one parent’s lifetime, but the evidence is clear that the parents intended to gift the shares to a child who had committed him or herself to the family business.
Proprietary Estoppel: Are Promises Enforceable?
Proprietary Estoppel: Are Promises Enforceable? The equitable doctrine of proprietary estoppel can bind a person to their word. For example, if a sister promises her brother that…
Estate Law – Common Pitfalls when Preparing a Will
At Onyx, we’ve seen many estate files where family members dispute the will because the will was prepared inadequately. Below, we’ve outlined some common pitfalls that may…
Estate Law: What Happens if Someone Passes Away with No Will
Under British Columbia’s estate law, if a person passes away without a will, then that person is said to have passed away ‘intestate’ (i.e., without a will)….
Settling an estate: Denied a share of parent’s property
Your mother passes away and steps of settling the estate begin. You assumed that on her death you and your siblings would each get an equal share…
Use Presumptions to Your Advantage or Lose
By Candace Cho, Onyx Law Group, with the assistance of Joty Sandhu, Articled Student When commencing an estate litigation action, Plaintiffs’ counsel must be careful to leverage…