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…
Ex-Wife and New Spouse Battle Over $100,000 Life Insurance Proceeds
An out-of-date beneficiary designation in a life insurance policy can throw a wrench in an estate plan. Where a beneficiary is designated, the insurance money does not…
Court Appoints Administrator to Investigate $5 Million Vancouver Estate Litigation Claim
A person who is left out of a will may believe he or she has a valid claim, but not have access to the evidence required to…
Was Property Transferred to Defeat a Mutual Will?
In BC, a will is revocable at any point before a person dies. For that reason, an agreement not to revoke a will—known as a “mutual will”…
BC Mutual Wills FAQs
Two people can make an agreement to the effect that following the death of one of them, the survivor will not revoke or alter his or her…
Vancouver Estate Lawyers on Remedy for Unjust Enrichment: Money or Property?
In recent weeks, our Vancouver estate lawyers have discussed the Supreme Court of Canada’s decision in Moore v. Sweet, 2018 SCC 52, where a disappointed beneficiary succeeded…
Vancouver Estate Law: Constructive Trusts to Resolve Unfairness
A constructive trust may be imposed where a gift of shares in a family business is not completed during one parent’s lifetime, but the evidence is clear that the parents intended to gift the shares to a child who had committed him or herself to the family business.
“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…
Constructive Trust Imposed in Absence of Unjust Enrichment
Canadian courts have developed the remedial constructive trust to prevent unjust enrichment. Pursuant to seminal cases such as Pettkus v. Becker, [1980] 2 S.C.R. 834, it is…
Fiduciary Duty: Agent’s Fraud Cured by Constructive Trust
Let’s discuss “constructive trusts” as a remedy for fraud or disloyal conduct by an agent (agents owe a “fiduciary duty” to their client, which means they must…