Estate Litigation
Estate Litigation
Principles of Varying a Will?
Principles of Varying a Will? Tataryn v Tataryn Estate, [1994] 2 SCR 807 is the leading wills variation case in BC in which the Supreme Court of Canada considered the grounds by which a court may...
Who Can Sue on Behalf of the Estate?
Who Can Sue on Behalf of the Estate? Section 151 of the Wills, Estate and Succession Act, SBC 2009,c 13 was amended and took effect on September 16, 2019. This section defines who, other than the...
Disinheritance for Bad Behaviour – Part 2
Disinheritance for Bad Behaviour - Part 2 The courts may be inclined to disallow the disinheritance of an adult child unless the allegations made by the deceased parent are valid and rationally...
Disinheritance for Bad Behaviour
Disinheritance for Bad Behaviour Section 60 of WESA makes it possible for the court to refuse a claim to vary a will made by a person whose character or misconduct, in the opinion of the court,...
Who Does the Gift go to When it Fails to Reach the Intended Recipient?
When a Gift Cannot Take Effect Who is the Recipient? Wills, Estates and Succession Act When a gift in a Will cannot take effect, section 46 of the Wills, Estates and Succession Act, SBC 20 09, c 13,...
The Significance of Independent Legal Advice in Assessing a Claim of Undue Influence
The Importance of Getting Your Own Legal Advice When Assessing A Claim Of Undue Influence Independent Legal Advice and Claims of Undue Influence Undue influence is an equitable doctrine to save...
Removing an Executor
Problems With An Executor? When To Remove An Executor In Burke v Burke, 2019 BCSC 383 (Burke), the British Columbia Supreme Court reviewed the applicable law and procedures concerning the removal...
Legal Standing of a Divorced Widow to Contest
How The Law Views Divorced Widows Divorced Widows Contesting A Will In the following case, the British Columbia Court of Appeal confirmed that a divorced widow of a deceased is not a spouse of the...
Disinherited Due to Family Estrangement
Disinherited Due to Family Estrangement Disinherited Due to Family Estrangement In cases of a parent disinheriting an independent, adult child due to estrangement, the court will consider the role...
Admitting an Unsigned Copy of a Lost Will into Probate
Can An Unsigned Copy of a Lost Will Be Probated? The Court May Consider a number of factors If a Will is last known to be in the testator’s possession and cannot be found, the law presumes...
Testamentary Capacity: The Law Summarized
Capacity To Sign A Will. Who Decides? A Faltering Memory And The Viability Of A Will A will-maker must have the capacity to appreciate and understand the nature and extent of his or her property...
Spouse Legal Obligation Moral Obligation
Legal Obligations and Moral Responsibilities To Surviving Spouses Surviving Spouses and Children: Do They Have Any Additional Rights? A testator typically has an obligation to make adequate...
Occupational Rent and Eviction Ordered for Stubborn Son
Occupational Rent and Eviction Ordered for Stubborn Son Can Adult Children Continue Living in Parents Home? It is not uncommon that an adult child may still live in their parent’s home. In...
Loan or Gift in the Family Context?
Outstanding Debt or Gift? The Difference Between A Gift And A Loan The purpose and intent of the advancement of money within the family context can become unclear very quickly when expectations are...
Is it a Will?
Is The Will Valid? Non Formal Wills May Be Valid, Maybe Not A will-maker must comply with several requirements for a document to have a testamentary effect. However, the court has discretion to find...
Is Impaired Memory Equivalent to Testamentary Incapacity?
Testamentary Capacity Was The Deceased Aware What He or She Was Doing? Testamentary capacity is not the same as the capacity to manage one’s own property and/or self. Testamentary capacity refers to...
Grant of Probate – Notifying the Common Law Spouse
Grant of Probate - Notifying the Common Law Spouse Grant of Probate - Notifying the Common Law Spouse It is important to provide notice of an application for a grant of probate to all persons...
Revocation of a Grant of Probate
Revocation of a Grant of Probate Revocation of a Grant of Probate Desbiens v Smith Estate, 2010 BCCA 394 is the leading case in British Columbia on the revocation of a grant of probate and was...
Angela Price-Stephens
is a British and Canadian lawyer with over 25 years of successful litigation experience and has built a reputation as a strong litigator in some of the most complex and challenging areas of litigation. She is known for her defense and prosecution of claims of will and estate disputes. For More Details visit: https://estatedisputesbc.com/ or call Miriam Pallmann 250 869 1172 to schedule a call.