Who Caused the Estrangement that led Father to Disinherit Daughter?
In cases where a parent disinherits an adult child, the BC courts will examine the relationship between the parent and child and consider a number of factors,…
Overprovision for Daughter Tantamount to Disinheriting Other Children in BC Will
Two of three children sought variation of their late mother’s will in McBride v. Voth, 2010 BCSC 443, arguing that their mother failed to make adequate provision…
BC Wills Variation: Considering the Reasons for Disinheriting Family Members
Can a BC will-maker disinherit a family member? Can parents treat their adult children unequally in their will, leaving a nominal gift to one child and the…
BC Wills Variation: Moral Obligation to Child Not Met by Benefiting Grandchildren
Can a testator discharge his moral obligation to his adult daughter by benefiting her sons at her expense? In the circumstances in Scurek v. Scurek, 2020 BCSC 450,…
Equal Treatment Not Always Required When Dividing an Estate in BC
When dividing an estate in BC, equal treatment of a will-maker’s children is not required to make adequate, fair and equitable provision. In a previous blog, we…
Long-Term Second Spouse’s Successful Wills Variation Claim
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…
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…
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….
Calculating Executor’s Fees in BC for “Fair and Reasonable” Compensation
In BC executor’s fees are often disputed. If the executor’s fees are not set out in the will and the executor and the beneficiaries cannot agree on…
Can a Notary Prepare a Will in BC?
When British Columbians turn their mind to estate planning, they often ask: Can a notary prepare a will in BC? The answer is yes – but only…