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09/02/2020By Candace Cho
Dispute over Mother’s Mental Capacity Gives Rise to Vancouver Litigation
Family disputes can be significantly exacerbated by the heavy weight of dealing with an ailing parent. Family members can become mired in conflict over wheth…
08/26/2020By Candace Cho
BC Committeeship: Court-Appointed Decision-Maker for Adult who Lacks Capacity
Quick answer: In British Columbia, a committee is a court-appointed substitute decision-maker for an adult who cannot manage their own affairs. The BC Supreme…
08/21/2020By Judith A. Janzen
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage?
In BC, marriage is a contract, so a person must have the mental capacity to understand its nature and consequences. If one party lacked that capacity, a court…
08/17/2020By Judith A. Janzen
Were Elderly Man’s Marriage and Will the Products of Undue Influence by his Caregiver?
In an earlier post, we discussed Ross-Scott v. Potvin, 2014 BCSC 435, a case in which the only living relatives of the deceased challenged what they viewed a…
07/30/2020By Candace Cho
BC Wills Variation: Moral Obligation to Child Not Met by Benefiting Grandchildren in Scurek v. Scurek Case
Can a testator discharge his moral obligation to his adult daughter by benefiting her sons at her expense? In the circumstances in Scurek v. Scurek, 2020 BCS…
07/08/2020By Judith A. Janzen
Special Costs of All Parties Ordered to be Paid Out of Estate Following BC Will Challenge
We have previously discussed the issue of who pays the costs of a BC will challenge. The general rule in estate litigation is that the unsuccessful party pay…
06/24/2020By Candace Cho
Using Joint Tenancy as a Device for Estate Planning May Lead to Litigation
Vancouver estate lawyers often use joint tenancy as a form of estate planning in BC, particularly within a family context between parents and children. Howev…
06/17/2020By Candace Cho
Rectification of Wills in BC
The Wills, Estates and Succession Act has been in force since March 31, 2014, and since that time, there have been few reported decisions in which the court…
05/29/2020By Judith A. Janzen
BC Estate Litigation Challenges Elderly Man’s Capacity to Marry His Caregiver
In BC, marriage is a contract, so a person must have capacity to marry: they must freely choose it and understand its obligations. Capacity to marry is a relat…
05/13/2020By Judith A. Janzen
How an Abused Senior Sets Aside Transfer of His Home to Predatory Spouse
Our Vancouver estate litigators and family lawyers have been examining the issue of predatory marriage in BC and concerns that such marriages may be on the r…