Last blog added on Thursday, January 14th, 2021

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Recent Posts

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

  • BC Executor’s Fees Reduced for Failure to Remain Neutral

    The executor’s fee is compensation for the tasks of gathering up assets, liquidating them, protecting them if necessary, and then distributing them to the estate beneficiaries. When performing these tasks, executors must maintain a neutral position and act in the best interest of all estate benefici … Read more »

  • Solicitor/Executor’s Remuneration Claim Excessive, Despite Charging Clause in Will

    Will-makers often choose lawyers or accountants to be their executor. Disputes over executor’s remuneration can arise even in situations where the deceased’s Will contains a “charging clause” which permits the executor to charge professional fees for estate-related work. Charging clauses can provide … Read more »

  • Beneficiary Disputes $400,000 Fee to Administer a BC Estate

    The personal representative tasked with distributing and managing a deceased person’s estate is entitled to be paid for services rendered. Fees claimed by the personal representative can be challenged by the estate beneficiaries. If the parties are unable to come to an agreement, a Court application … Read more »

  • Father Died Without A Will. Does His Common Law Partner Inherit His Estate?

    When is a person a “common law spouse” who is entitled to an inheritance? That was the main issue to be decided in Jones v. Davidson, 2020 BCSC 1371. In that estate case, Justice Mayer concluded that a BC woman did not meet the definition of common law spouse at the time of her partner’s death. As a … Read more »

  • BC Couple Enforces Contract Promising Inheritance

    If a person agrees to leave someone an inheritance in a will, then does not do so, is the agreement enforceable? Contracts to bequeath property on death are somewhat unusual—but they are enforceable in BC. In Munro v. James, 2020 BCSC 1348, the Court upheld a written agreement requiring a woman to n … Read more »