Estate Litigation: Common Reasons for Contesting a Will in BC
If you are a spouse or a child who was disinherited from or only received a nominal amount from your spouse or parent’s estate, then you may…
If you are a spouse or a child who was disinherited from or only received a nominal amount from your spouse or parent’s estate, then you may…
What is the limitation period for bringing a wills variation claim in British Columbia? It is important to know how long you have to challenge a will,…
While an executor is generally reimbursed in full by the estate for all costs incurred in the fulfilment of that role, an executor cannot ordinarily recover from…
On a wills variation application, the date of death of the will-maker is the date to be used in determining whether a will-maker has made adequate provision…
Does a parent have a moral obligation to include an adult child in a will? If so, what factors are important to whether a parent has a…
In Erlichman v. Erlichman Estate, 2002 BCCA 160 the court was asked to decide whether concerns about a widow’s ability to manage money should prevent her from…
When an executor is also a beneficiary, what are the costs implications following his or her participation in a wills variation proceeding?An executor is a trustee, and…
Dividing an estate in a blended family can be complicated, as I have previously discussed. When a parent dies, biological children may clash with their stepparent over…
As I discussed in an earlier post, in wills variation proceedings, the courts are frequently tasked with balancing moral obligations of a will-maker to a second spouse…
In Chang Estate v. Chang, 2013 BCSC 976, aff’d 2014 BCCA 28, the court relied on hearsay evidence in determining the validity of a will which essentially…
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