"I had the good fortune to be a client of the husband and wife legal team of Trevor Todd and Judith Milliken. Both of these accomplished lawyers made...
~Peter
Disinherited Blog
June 17th, 2013
Re Brannan Estate v Public Trustee (1991) 41 ETR 210 BCCA,
The deceased testatrix who died in 1987, directed her trustees to pay $400 per month to her husband until his death or remarriage, whichever occurs first.
She then dir...
June 16th, 2013
It is common for parties to purchase properties together and register the property jointly, whether it be joint tenancy with a right of survivorship, or tenants in common with no right of survivorship. It is a fact of life that for innumerable reaons...
June 14th, 2013
Disinherited.com was retained this week to obtain a presumption of death order for a missing person that after a police investigation concluded it was clearly a suicide by jumping from a bridge. Her body hah not been found for several months an...
June 13th, 2013
Reprinted from the New York Times June 13, 20113, such a ruling would be persuasive but not binding on a Canadian court.These types of cases will become increasingly frequent and significant in years to come and will have an effect on over all inheri...
June 11th, 2013
In Nightingale v Hepting 2010 BCSC 1214, the evidence was that the testator wanted to marry H, whom he met in 1976, but that they instead remained friends and vacationed together, and that H drove the testator around . H had a net worth of $850...
June 10th, 2013
Settlement reached between Kobe Bryant, parents in auction dispute
Kobe Bryant’s mother sought to auction off a number of his high school jerseys. (GoldinAuctions.com)
A settlement has been reached by Kobe Bryant and his parents...
June 9th, 2013
Breach of Breach of Fiduciary Duty
In Elder Advocates of Alberta Society v. Alberta, 2011 SCC 24, [2011] 2 S.C.R. 261(S.C.C.), the Supreme Court of Canada concisely described the nature of a fiduciary relationship. A...
June 8th, 2013
Schipperv. Schipper Estate 2010 BCSC 1067
The Plaintiff adult daughter was only child of the testator and her husband. The daughter had very close relationship with her parents until about three years before the testator's death. T...
June 7th, 2013
Walling v Walling 2012 ONSC 6580involves a decision where the Ontario Supreme Court awarded $100,000 punitive damages against the trustee of an estate for extremely egregious examples of breach of fiduciary duty. The court in fact awarded twice the a...
June 6th, 2013
Fuhr ( Litigation Guardian of) v. Tingey 2013 BCSC 711 dealt with the issues of whether a claimant had sufficient mental capacity to instruct counsel in divorce proceedings. the claimant died before trial, and while the issue then became moor,...