Assets Transferred from Mom to Daughter Challenged After Mom’s Death
It is common for a parent to leave a will dividing their estate equally among their children. That was the case in Simard v. Simard Estate, 2021…
BC Mom Who Transferred Property to Kids to Avoid Creditors Not Allowed to Reclaim It
Property transfers between parent and adult child are quite common. A parent may transfer property to an adult child for estate planning purposes or simply because a…
Too Late for Mother to “Change Her Mind” After Gifting House to Daughter
A mother signed the paperwork to transfer ownership of her home to her daughter. No money was paid by the daughter when the transfer was made. A…
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…
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…
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…
Promised Inheritance May Be Enforced By Resulting Trust
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…
Rebutting the Presumption of Resulting Trust
Can a parent make a gift of property to some adult children but not others? Is mere suspicion that the transfer is “out of character” sufficient to…