Relying on Statements of a Deceased Person in Estate Claims
Hearsay evidence often plays an important role in BC estate litigation. We recently discussed Simard v. Simard Estate, 2021 BCSC 1836, a case in which siblings disputed…
Non-Domiciled Estates: My family member died overseas, leaving assets in British Columbia. What should I do?
With a global city like Vancouver and the natural beauty that surrounds it, it is not uncommon to receive inquiries from clients outside of Canada regarding property…
Assets Transferred from Mom to Daughter Challenged After Mom’s Death
It is common for a parent to leave a will dividing their estate equally among their children. That was the case in Simard v. Simard Estate, 2021…
Supreme Court of Canada Weighs in on Privacy in Probate Proceedings
The “open court rule” is the default in Canada. That means court proceedings are presumptively open to the public. Privacy will always be at risk in open…
Executor-Beneficiaries of Wills in BC: Can Fees be Reduced by Overlapping Self-Interest?
Executors are very often also beneficiaries of the estate they are tasked with administering, and it can be challenging to keep personal interests apart from estate business….
Bid for Special Referee Denied; Draws Costs in BC Committeeship Application
A special referee may be appointed within BC court proceeding to undertake factual investigations – often through the referee’s specialized expertise – that are necessary to the…
Family Dispute Leads to Contested Committeeship Application
Suspicion, differences of opinion, and conflict between family members make it very difficult to select an appropriate committee for a loved one. An application to the BC…
BC Estate Litigation FAQ: Can a handwritten document alter an earlier will?
A handwritten document can be effective as a will or codicil to a will if the court is satisfied that the document is a deliberate or fixed…
Trespass Damages Dropped in Vancouver Estate Litigation
The recent Court of Appeal decision in Volovsek v. Boisvenu Alter‐Ego Trust #1, 2021 BCCA 179 dealt with a claim for damages in trespass against a woman…
My Friend/Sibling/Cousin/etc. Died Without A Will. Can I Apply To Administer His/Her/Their BC Estate?
We frequently receive calls from friends and loved ones asking if they can apply to administer the estate of a deceased friend or family member. The answer…