Disinherited Blog

February 19th, 2012
Mars v Bain Estate 2011 BCSC 1714 involves a claim brought by a 91-year-old female spouse who had lived in a marriage like relationship with the deceased for the last nine years of his life. The deceased died at age 84 years leaving an estate valued...
February 4th, 2012
Ketcham v Walton 2012 BCSC 175 involved an application by the executor for directions pursuant to section 86 of the Trustee act for an order authorizing the executor to follow the provisions of the deceased's  last will to defend any wills...
January 29th, 2012
Lowres v Lowres 17 ETR 281, is another wills variation case from 1984 that is still very much the current and applicable law in British Columbia today.   It relates  to the disinheritance of an adult child independent  for reaso...
January 26th, 2012
I came across the decision  Patterson v. Lauritsen (1984) 6 WWR 329, and was pleasantly surprised to learn that as" far back" as 1984, the BCSC varied a will to provide an equal share to a disinherited gay son on the basis that homosex...
January 22nd, 2012
                               CAPACITY  TO  LIVE  SEPARATE  AND  APART  IN...
January 21st, 2012
Life estates, also known as life interests, are a well-established part of estate planning.   The owner of a life estate (“the life tenant”) has the right to occupy, use and deal with real and/or personal property for his or he...
January 17th, 2012
In " Blood and Money: Why Families FIght Over Inheritance and What to Do About It, "author Mark Accettura draws on his experience of 30 years of research in the fields of evolutionary psychology, gerontology, psychiatry, Gen. psycholog...
January 12th, 2012
Re Stolarchuk Estate 2011 BCSC 1681 discusses the various principles involved in the calculation of an appropriate remuneration for an executor. The deceased died in October 2004 leaving his estate consisting primarily of her house and an adjacent l...
December 14th, 2011
                     Following years of consultation, an amended Power of Attorney Act has been put in place.  The newly expanded Act came into eff...
December 11th, 2011
Yesterday I blogged about who were nieces and nephews in the Re Holmes Estate. One of the interesting side issues of the Holmes Estate case was that pursuant to the deceased's will, if any of the 2 testator's nieces or nephews predeceased th...