When a loved one passes away unexpectedly, it may leave family and friends without any idea of who should plan the funeral or what the deceased’s preferences would have been. As a general rule of thumb, the deceased’s estate executor…
Sometimes, will writers are aware that a gift in their will is going to cause conflict between loved ones and could lead to litigation after their passing. Will writers can create an in terrorem clause to help prevent legal conflict…
As part of their estate plan, people often elect to give inter-vivos gifts to their loved ones. This can help to minimize probate fees, and to allow loved ones to enjoy their inheritance earlier. Many testators may not realize that…
It’s not uncommon for people to make loans to their family or close friends. Common reasons include helping with a down payment on a house or to kickstart a new business venture. However, many people don’t consider what would happen…
Family caregivers often spend many hours and great effort caring for elderly relatives, sometimes without pay or compensation. Many caregivers sacrifice paid work and career opportunities to provide care. Unjust enrichment claims can offer legal remedies for those in this…
Wills in BC can be ruled invalid if a claimant can prove the testator was under undue influence. Undue influence is an influence causing the execution of a will which pretends to express the will-maker’s mind, but in reality, does…
When someone believes a will is invalid due to suspicious circumstances, they can challenge the will. The person challenging the will has the burden of proof- they must demonstrate that the will is invalid. If they can demonstrate that the…
For people who are unfairly disinherited, BC has some of the most sympathetic laws in all of Canada. However, parents can disinherit their children from their will if they have valid and rational reasons. Many provinces allow will-writers to completely…
