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12/30/2020By Candace Cho
Solicitor/Executor’s Remuneration Claim Excessive, Despite Charging Clause in Will
Will-makers often choose lawyers or accountants to be their executor. Disputes over executor’s remuneration can arise even in situations where the deceased’s…
12/23/2020By Candace Cho
Beneficiary Disputes $400,000 Fee to Administer a BC Estate Under BC’s Trustee Act
The personal representative tasked with distributing and managing a deceased person’s estate is entitled to be paid for services rendered. Fees claimed by th…
12/10/2020By Candace Cho
How a BC Couple Enforced a Contract Promising Inheritance
If a person agrees to leave someone an inheritance in a will, then does not do so, is the agreement enforceable? Contracts to bequeath property on death are…
12/02/2020By Candace Cho
Cultural Tradition Favouring Sons Rejected by BC Courts
Equal treatment of siblings is not always required when dividing an estate in BC. However, variation of a will may be in order if unequal treatment of sons a…
11/26/2020By Candace Cho
What Happens When Is BC Wills Variation Claim Nets Increased Inheritance for Only Child?
In BC, a disinherited or lightly-provided-for child can bring a wills variation claim, and the court scrutinizes the will-maker’s reasons. Even a written expla…
11/18/2020By Candace Cho
BC Court Finds Father Had Good Reason to Disinherit Two Sons: Case Analysis
If you have been left out of your parent’s will or not treated equally when compared with your siblings, it may be open to you to bring a wills variation cla…
11/12/2020By Candace Cho
Spite Not a “Valid and Rational” Reason to Disinherit a Child
Wills variation proceedings are often brought about by estrangement, misunderstandings, and hurt feelings within a family. Enns v. Gordon Estate, 2018 BCSC 7…
10/29/2020By Candace Cho
Who Caused the Estrangement that led Father to Disinherit Daughter?
In cases where a parent disinherits an adult child, the BC courts will examine the relationship between the parent and child and consider a number of factors…
10/21/2020By Candace Cho
Overprovision for Daughter Tantamount to Disinheriting Other Children in BC Will
Two of three children sought variation of their late mother’s will in McBride v. Voth, 2010 BCSC 443, arguing that their mother failed to make adequate provi…
09/24/2020By Judith A. Janzen
Special Costs Granted from the Estate in Protracted BC Committeeship Proceedings
In BC, a committee can be appointed on application to the Supreme Court to make personal, legal, or financial decisions for an adult who is found to be menta…