Resulting Trust for the Purposes of Creditors but Not Family Members?
Joint tenancy is a popular form of estate planning in BC. A common example of using joint tenancy for estate planning purposes is when a parent, during…
Vancouver Estate Law: Proving Claims Against Deceased Persons
In Vancouver estate law matters, and BC estate law matters in general, it is often the case that the claim can only be fully answered by the…
Using Unjust Enrichment to Rebut Presumption of Joint Tenants’ Equal Interest
In Suen v. Suen, 2016 BCCA 107, the Court of Appeal for British Columbia applied the doctrine of unjust enrichment in the context of a complex family dynamic….
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…
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…
A Presumption of Undue influence Where one Party Can Dominate Another
The case of Longmuir v. Holland, 2000 BCCA 538 is a tale the presumption of undue influence and testamentary incapacity; and a dispute between two nieces of a widow…