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…
Wills Variation: Life Estates; Legal & Moral Obligations
On a wills variation application, can a life estate in a matrimonial home satisfy the legal and moral obligation to a long-term, caring and dedicated spouse? A…
Executor Opposing Wills Variation Application Denied Costs
While an executor is generally reimbursed in full by the estate for all costs incurred in the fulfilment of that role, an executor cannot ordinarily recover from…
Testamentary Capacity: Hearsay Evidence as to State of Mind
In Chang Estate v. Chang, 2013 BCSC 976, aff’d 2014 BCCA 28, the court relied on hearsay evidence in determining the validity of a will which essentially…
Disinherited Son Unsuccessfully Challenges Mother’s Will
In Chang Estate v. Chang, 2013 BCSC 976, aff’d 2014 BCCA 28, a mother prepared a will that disinherited her son – he challenged his disinheritance, but…
Using WESA to cure deficiencies in a will
In Hadley Estate (Re), 2016 BCSC 765, the British Columbia Supreme Court was asked to use the discretion conferred by the Wills, Estates and Succession Act, S.B.C….
Settling an estate: Denied a share of parent’s property
Your mother passes away and steps of settling the estate begin. You assumed that on her death you and your siblings would each get an equal share…
Can You Disinherit an Adult Child?
The case for disinheriting an adult child In this case, the BC Court of Appeal considered a trial judge’s discretion in varying a will under s. 2(1)…
Can You Leave Your Estate to Friends?
The case for leaving your estate to friends In this case, the testator left a significant portion of his estate to someone outside the family. Mr. John Nightingale…
Can You Have Unequal Division of Estate in a Will?
The unequal division of estate and property under a will must be valid and rational based on the reasons provided by the testator. If the court decides that…