Articles

If you’re thinking about contesting a will in BC, you’re likely dealing with a situation that feels unfair or doesn’t add up. Luckily, the law in BC does provide ways to challenge a will, but only in specific circumstances, and within strict time limits. What Does It Mean to Contest a Will? [...]

If you die without a will… The distribution of your estate will be to your next of kin as set out in the Wills, Estate and Succession Act. No assets can be diverted to charities, friends or other relatives. Normally all assets must be converted to cash (i.e. family heirlooms may be sold [...]

The Federal House of Commons passed Bill C-14 in 2016 which amended the Criminal Code to provide an exemption to the law that made it a criminal offence to assist someone to commit suicide. The impetus for the introduction of this Bill, was the Supreme Court of Canada’s decision in Carter v. [...]

Disputes about wills and inheritances may be set to grow dramatically in the coming years. According to CBC News, a confluence of various factors is setting the stage for an increase in contested wills over the next two decades. With the savings of those born in the 1930s and 1940s set to be [...]

Introduction This article is a brief outline of the law relating to incapacity in British Columbia. Please contact us for more information. If an adult person becomes mentally “incapable” that person may require assistance in handling their financial and legal affairs and/or their personal [...]

Introduction This article briefly outlines the law relating to undue influence in British Columbia. Please contact us for more information. A distinction must be made between undue influence in transfers of property and undue influence in the making of wills. The law surrounding challenging [...]

Note: Do not meddle with the estate if you plan to renounce your right to probate. Make the funeral arrangements (usually the family does this, but ultimately it is the responsibility of the personal representative); Search for cash, jewellery and other valuables and put them in safekeeping; [...]

I. Introduction There are a numbers of ways to “contest” a will or estate – challenge the validity of the Will, vary the terms of the Will or make another type of claim against the estate. The following discussion is a general overview of the legal principles involved and is only applicable to [...]

The Supreme Court of Canada considered two cases involving joint holdings with children and the presumption of advancement. Pecore v. Pecore, [2007] 1 S.C.R. 795, 2007 SCC 17 and Madsen Estate v. Saylor, [2007] 1 S.C.R. 838, 2007 SCC 18 considered whether the presumption of advancement was [...]