Last blog added on Wednesday, May 20th, 2020

Information About Disinherited Blog

Recent Posts

Below is a preview of the five most recent posts from the blog Disinherited Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Joint Tenancy Severed By Fiduciary’s Withdrawl For Own Purpose

    In Zelligs v Janes 2016 BCCA 280 the appeal court upheld the decision of the trial judge who found that a joint tenancy bank account had been severed when one daughter withdrew funds from the joint bank account for her sole benefit, and then used them to acquire property and  investments for her and … Read more »

  • Entitlement to Court Costs

    The issue of entitlement to costs is increasingly relevant to estate litigation, as the stakes are often very high in emotionally fought battles between the litigants. Dn v MR 2020 BCSC 475 reviewed the law relating to a litigant’s entitlement to an award of court costs. Costs are generally awarded … Read more »

  • Wills Variation- Definition of Child

    There is no definition of child or children in the wills variation act ( now Section 60 WESA), but the case law is clear that only a natural child or adopted child of the deceased ( along with a spouse) have the standing to bring a claim for a share of the testator’s estate if not adequately provide … Read more »

  • Lawyer- Client Relationship

    It is well-established law that the relationship between a lawyer and client is contractual and it is one of utmost good faith. The decision 380876 BC LTD v Perrick law Corp. 2009 BCSC 601 reviewed some of the leading cases relating to this unique professional relationship. A contract for legal serv … Read more »

  • Pre-Trial Injunctions

    Rule 10 allows an application for a pre trial injunction to be made by a party whether or not a claim for an injunction is included in the relief claimed. Most pretrial injunctions involve the preservation of property, pending trial. In Wong v Grewal 2015 BCSC 2394. the court stated that the test as … Read more »