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Searching Content indexed under Family and Matrimonial by Gordon Behan ordered by Published Date Descending.
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1
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
Various Definitions Of "Spouse"
Historically, spouses were those that had undergone a formal marriage ceremony before a religious or secular authority.
Canada
25 Jun 2018
5
Can An Executor Be Held Liable For Not Following The Burial Wishes Of A Deceased Person?
Upon the death of an individual in British Columbia, unlike other Canadian jurisdictions, there can exist a legal duty upon the person charged with disposing of a deceased's remains to follow the deceased's final wishes...
Canada
29 Sep 2017
6
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
7
Physician-Assisted Death – An Update
After the Supreme Court of Canada decision in Carter v. Canada (Attorney General), the Special Joint Committee of Physician-Assisted Dying was appointed to make recommendations on the framework...
Canada
7 Mar 2016
8
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
9
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
10
Vested Versus Contingent Interests
Courts have guidelines for interpreting ambiguous provisions in contracts, Wills, and other documents.
Canada
10 Jul 2015
11
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
12
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
13
Are There New Amendments Coming To The Adult Guardianship Act?
In a previous post, we discussed amendments to the Patients Property Act that will come into effect on December 1 2014.
Canada
1 Oct 2014
14
Where There Isn't A Will, There May Be A Way: Curing Deficiencies And Rectification
In 2003, the British Columbia Law Institute began the Succession Law Reform Project with the goal of consolidating and modernizing succession law.
Canada
18 Sep 2014
15
A Committee’s Duty To Foster The Independence Of The Patient
A committee is a person or entity appointed by the Court to make decisions on behalf of an adult that is not capable of making his or her own decisions.
Canada
12 Sep 2014
16
What Happens When A Beneficiary Is Criminally Responsible For The Deceased’s Death?
In this case, the deceased did not leave a Will. As a result, the deceased's estate would pass on intestacy to the deceased's four children.
Canada
29 Aug 2014
17
Dispensing Power Of The Court Under WESA
The Wills, Estates and Succession Act is now in force, and we are beginning to see its application in our estate practice.
Canada
11 Aug 2014
18
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
19
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
20
Wills Variation – Estrangement Does Not Necessarily Negate Moral Duties
The British Columbia Supreme Court recently handed down a Wills Variation Act ("WVA") decision in McEwan v. McEwan, 2014 BCSC 916.
Canada
2 Jun 2014
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