“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…
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…
Parents often promise their children that they will inherit certain property or assets when they die; when the promised inheritance is not reflected in the will or…
At Onyx, we’ve seen many estate files where family members dispute the will because the will was prepared inadequately. Below, we’ve outlined some common pitfalls that may…
In Morgan v. Pengelly Estate, 2011 BCSC 1114, the court heard a wills variation claim brought by a man who had been left out of his partner’s…
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,…
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…
On wills variation claims, the courts are frequently tasked with balancing the moral obligations of a will-maker to a second spouse and to an adult independent child…
In Picketts v. Hall, 2009 BCCA 329 the Court of Appeal held that the bequest of periodic payments to provide a surviving spouse with the standard of…
Dividing an estate in a blended family can be complicated. What happens if your mother becomes incapacitated, and your stepfather then enters a new common-law relationship with…
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