Information About BC Estate Litigation Blog
Recent Posts
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. Case Comment: Court of Appeal Overturns Award Against Notary who Witnessed Signature to Land Transfer
What duties does a notary (or lawyer) have when witnessing a signature on a document, such as a land transfer document, to ensure that the person signing the document understands that document and is voluntarily signing it? What if you are only retaining this person for the limited purpose of witnes … Read more »
- B.C. Case Comment: Court Awards Damages For Amount Received by Defendant from Deceased Days Before Death
If there are suspicions transfers during the deceased’s lifetime, these can be scrutinized and investigated after the death of the deceased. A personal representative ought to consider whether any large transfers should to be challenged, on the basis that a gift was not intended, or that the transfe … Read more »
- What I’m Reading: Interesting Estate Litigation Articles for May 2024
The following is a round-up of noteworthy articles published this month on estate litigation and related issues: Kiran Sanghera at Hull & Hull LLP (Ontario) discusses a recent Ontario case in which the contents of the deceased’s journal were validated as a will: https://hullandhull.com/Knowledge/202 … Read more »
- Relying Upon Hearsay Statements of the Deceased to Establish Intention
In many estate litigation cases, the court may benefit from evidence of the intentions of the deceased. For example, whether an asset transferred by the deceased was intended to be gift or is held in resulting trust depends upon the intention of the deceased. As the deceased person cannot give evide … Read more »
- B.C. Case Comment: Transfer of Property to Child Set Aside on Basis of Undue Influence
I have previously discussed that gifts are irrevocable, and so a donor cannot change their mind and seek to take back property that they have gifted. However, the Court may set aside a gratuitous transfer if it was procured by undue influence, whether that be intentional influence or unintentional i … Read more »