Information About BC Estate Litigation Blog
Below is a preview of the five most recent posts from the blog BC Estate Litigation Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- B.C. Court of Appeal upholds existence of secret trust
If a person does not make a will (i.e. the deceased dies intestate), then the B.C. Wills, Estates and Succession Act sets out who will receive their estate. But what if the deceased person instructs the person entitled to receive their estate that the assets are actually to go to someone else? If th … Read more »
- Ontario Court allows Deceased to Bequeath Assets held by his Company in his Will
When you are the sole shareholder of a company, for example a professional corporation or a holding company, you may fall into the habit of treating the assets held by the company as your own for all practical purposes. However, you should keep in mind that a corporation is a separate legal entity, … Read more »
- Executor personally liable for estate taxes; beneficiaries not obligated to return estate monies to indemnify
Beneficiaries generally want to receive their shares of the estate as soon as possible. Executors may feel pressured by beneficiaries to distribute estate assets prematurely, before all of the estate liabilities have been confirmed and paid. In particular, it often takes time to determine the final … Read more »
- Power of attorney abuse discovered after death: what can a beneficiary do about it?
We are often contacted by beneficiaries who have become aware of actions taken by the person managing the deceased’s affairs under a power of attorney which have diminished the value of the deceased’s estate. The attorney may have transferred some of the deceased’s assets into their own name (solely … Read more »
- COVID-19: Court appoints interim committee who proposes to keep mother out of care facility until health emergency subsides
While the B.C. Supreme Court is starting to hear certain limited non-urgent matters, for the most part the courts are still only hearing urgent and essential matters. We discussed what elder law and estate litigation matters might be considered “urgent” or “essential” in a previous post which can be … Read more »