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…
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…
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…
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? The equitable doctrine of proprietary estoppel can bind a person to their word. For example, if a sister promises her brother that…
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…
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)….
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…
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…
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