Left Out of Spouse’s Will: Do I Bring a BC Estate Law or Family Law Claim?
When a will fails to make adequate provision for a surviving spouse, does the surviving spouse bring a claim for division of family assets against the deceased’s…
When a will fails to make adequate provision for a surviving spouse, does the surviving spouse bring a claim for division of family assets against the deceased’s…
Vancouver estate law offers several avenues by which a surviving partner can pursue monetary judgement, either by way of inheritance from the deceased partner’s estate or from…
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…
Resulting trusts are as firmly grounded in the settlor’s intent as express trusts, but with this difference: the intent is inferred or presumed as a matter of…
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…
The British Columbia court was recently asked to decide a wills variation claim brought by a long-term second spouse who was essentially left out of her husband’s…
There are many factors that the court considers when a surviving spouse brings a wills variation application to change the will after the death of a spouse….
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…
Under British Columbia’s estate law, if a person passes away without a will, then that person is said to have passed away ‘intestate’ (i.e., without a will)….
On a wills variation application, the date of death of the will-maker is the date to be used in determining whether a will-maker has made adequate provision…
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