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Searching Content indexed under Litigation, Mediation & Arbitration by Gordon Behan ordered by Published Date Descending.
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Successful Result In Halliday v. Halliday Estate, 2019 BCSC 554
In the recent BC Supreme Court case of Halliday v Halliday Estate, 2019 BCSC 554, Clark Wilson LLP was successful in challenging the validity of two Wills on behalf of its client.
Canada
29 May 2019
2
Robledano v Queano, 2019 BCCA 150 – Further Analysis Of Spousal Status Issues
The British Columbia Court of Appeal recently released its judgment in Robledano v Queano, 2019 BCCA 150 ("Robledano").
Canada
23 May 2019
3
No Need For "Encyclopedic Knowledge" When A Will-Maker Recounts Their Assets
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 ("Quaggiotto") helps to clarify the level of knowledge courts expect a will-maker
Canada
20 May 2019
4
Executor Granted Disclosure Of Legal Advice Given To Deceased Will-Maker
Solicitor-client privilege is a legal principle that protects, or "privileges", communications that involve the provision of legal advice between a lawyer and their client...
Canada
8 Feb 2017
5
Solicitor-Client Privilege And The Wills Exception
Solicitor-client privilege is a "fundamental civil and legal right" which ensures that communications between lawyer and client are strictly confidential.
Canada
22 Dec 2015
6
The Even-Hand Rule
If you are acting as an executor, it is important to remember the even-hand rule: unless the Will says otherwise, the executor must treat all of the beneficiaries equally (i.e. with an even hand).
Canada
27 Aug 2015
7
Vested Versus Contingent Interests
Courts have guidelines for interpreting ambiguous provisions in contracts, Wills, and other documents.
Canada
10 Jul 2015
8
Young Estate (Re) v. Szabo – Is There Sufficient Evidence That A Gift Was Intended?
When an individual makes a gratuitous transfer of money or property (other than to a spouse or dependent child), the law presumes that the transfer is not intended as a gift.
Canada
30 Mar 2015
9
Administering An Estate While Legal Proceedings Are Ongoing
Sometimes the executor or administrator of an estate cannot act immediately. For example, the probate process may be stalled.
Canada
25 Mar 2015
10
Court Of Appeal In The Position Of A Trial Court In Wills Variation Appeals
In Eckford v. Vanderwood, 2014 BCCA 261, the British Columbia Court of Appeal (the "Court") was faced with an appeal of a wills variation action.
Canada
23 Jul 2014
11
Revoking A Will – Destruction Of A True Copy Not Sufficient
In Morton v Christian, 2014 BCSC 1303, the British Columbia Supreme Court (the "Court") grappled with the issue of proper revocation of a Will.
Canada
23 Jul 2014
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