Dividing an Estate: Gift During Lifetime of Parent to Adult Child
When dividing an estate in BC, it is essential to determine what property of the will-maker forms part of the estate. If a will-maker made a valid…
Vancouver Estate Litigation: Did Mother Intend to Give House to Son?
As I have recently discussed, gratuitous inter vivos transfers made without consideration frequently give rise to Vancouver estate litigation. As people age they often transfer property gratuitously…
Breach of Fiduciary Duty Under Power of Attorney
A “power of attorney” is a legal document signed by the donor that appoints an agent (the “attorney”) and gives that agent the authority to carry out…
Joint Tenancy and the Right of Survivorship
As people age they often transfer property gratuitously to their adult children, and then hold it with them in joint tenancy. Their goals may vary – some seek…
Joint Bank Accounts and the Presumption of Resulting Trust
Where a parent makes a gratuitous transfer to an adult child by placing funds in a jointly-held bank account, there is no presumption of advancement and in…
Financial Nondisclosure the “Cancer” of BC Estate Litigation
In Haley (Re), 2017 BCSC 2057, http://www.courts.gov.bc.ca/jdb-txt/sc/17/20/2017BCSC2057.htm nondisclosure of financial information and assets surrounding the passing of accounts was described as the cancer of BC estate litigation….
Resulting Trusts: Tax Filings as Evidence of Transferor’s Intent
A “resulting trust” arises when title to property is in one party’s name, but that party, because he or she is a fiduciary or gave no value…
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…
“Good Conscience” Constructive Trust in Non-Agency Scenario
The most common basis for a constructive trust is unjust enrichment, but on some occasions, even where there is no unjust enrichment in the traditional sense, “good…
Resulting Trusts: Critical Time for Determining Intent
Resulting trusts are as firmly grounded in the settlor’s intent as express trusts, but with this difference: the intent is inferred or presumed as a matter of…