Special costs in BC estate litigation: Kolic v. Kolic, 2022 BCSC 1448
Pursuant to the Supreme Court Civil Rules, B.C. Reg. 168/2009, costs during litigation in British Columbia are typically awarded to the successful party at trial. Costs are intended to be at least a partial indemnity for legal fees plus reimbursement […]
Marriage-like relationships and intestate succession in BC: Coad v. Lariviere
Pursuant to British Columbia’s Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”), when a person dies without a will, that person’s surviving spouse is entitled to inherit either the entirety of the estate (if there are no descendants) […]
Commencing a proceeding on behalf of the estate of a deceased person: Hoggan v. Silvey
A recent decision by the British Columbia Court of Appeal has transformed the approach for commencing a proceeding on behalf of the estate of a deceased person in British Columbia. Hoggan v. Silvey, 2022 BCCA 176, began with a dispute […]
Ontario Court of Appeal confirms modern approach to cost awards in estate litigation: McGrath v. Joy
On February 10, 2022, the Ontario Court of Appeal (the “Court”) released its decision in McGrath v. Joy, 2022 ONCA 119. In this case, the applicant challenged the validity of a holograph will written shortly before the testator committed suicide […]
Pour over clauses and the Quinn estate
Connections between Canadians and Americans have never been as abundant or transparent as they are now as many Canadians own American property, have American spouses or partners, and have children and grandchildren born or living in the United States. As […]
Rempel Estate v. Dudley: Curative Powers found within the Wills, Estates and Succession Act, SBC 2009, c 13
The Supreme Court of British Columbia recently released an important decision regarding the curative powers of section 58 of the Wills, Estates and Succession Act, SBC 2009, c 13 (“WESA”) with respect to non-compliant documents that constitute a deceased’s testamentary intention. […]
Jacobson Estate: Testamentary intentions v. strict compliance
The Supreme Court of British Columbia recently released an important decision regarding the curative powers of section 58 of the Wills, Estates and Succession Act, SBC 2009, c 13 (“WESA”) with respect to the validity of certain gifts. Jacobson Estate […]
Bill 21: Electronic wills in British Columbia
Following the surge of the COVID-19 Pandemic, the BC Legislature undertook a myriad of proactive measures to assist the general public. One such step from an estate planning perspective was the introduction of Bill 21: Wills Estates and Succession Amendment Act, […]
Beneficiaries as a witness to a will: The impact and effect of Section 43 of the WESA
In order for a will to be valid, a will must meet certain formal requirements. These requirements, often referred to as “testamentary formalities,” are relatively standard throughout the common-law world and relatively well-known. In particular, a valid will in British […]
Commiteeship under the PPA: Criteria for selection
In British Columbia, the Patients Property Act, R.S.B.C. 1996, c. 349 (the “PPA”) sets out the legislative framework and authority for an individual to apply for the right to manage an incapable person’s personal and financial affairs. Section 6 of […]
