Information About BC Estate Litigation Blog

A person acting under a power of attorney (the “attorney”) cannot make or change a will for the adult for whom the person is acting (the “donor”).  However, in certain circumstances, the attorney may settle a trust which mirrors the terms of the donor’s will, and then transfer the donor’s assets int … Read more »

I have previously written about the importance of documenting transactions between family members (for example, here and here).  Often, transactions between family members (loans, gifts, property transfers, etc…) are not documented.  This is a common occurrence in transactions between parents and ch … Read more »

The following is a round-up of noteworthy articles published this month on estate litigation and related issues: Sara Moledina at Hull & Hull LLP (Ontario) writes about a recent Ontario decision which discusses challenges to the validity of powers of attorney: https://hullandhull.com/Knowledge/2022/ … Read more »

I previously wrote about a case in which the B.C Supreme Court found that there was no binding agreement by an aunt to leave her estate to her niece.  The case was Angelis v. Siermy 2022 BCSC 31, and the post can be found here.  The B.C. Court of Appeal has now dismissed an appeal of that decision. … Read more »

The following is a round-up of noteworthy articles published this month on estate litigation and related issues: Stan Rule at Sabey Rule (Kelowna) writes about when a promise to leave someone property in your will is enforceable, with reference to an English case.  This can be compared to the recent … Read more »