In BC, courts can rule a will unfair and vary it if it doesn't make adequate provision for the proper maintenance and support of the will-maker’s spouse or children. This ensures that individuals can't disinherit spouses and children without sufficient…
Beneficiaries, spouses and children have the right to receive a copy of a testator's will, regardless of the executor's opinion. When executors refuse to provide a copy of the will, beneficiaries can issue a subpoena. According to part 25 of…
For beneficiaries, it can be frustrating to wait for the executor to apply for a grant of probate. Unfortunately, some executors deliberately delay the administration process or completely fail to take action. Regardless of how slow the executor is, beneficiaries…
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…
In BC, interested parties can challenge a will if they believe it is invalid due to suspicious circumstances like undue influence or lack of capacity. The courts presume a will is valid if it meets the following requirements: The will…
If a passenger suffers an injury as a result of an “accident” on an international flight or itinerary, their claim for damages is governed by the “Convention for the Unification of Certain Rules for International Carriage by Air”, frequently called…
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…
A will must have knowledge and approval of the terms of their will in order for it to be valid. They must also have had testamentary capacity when drafting it. In BC, lack of knowledge or approval of a will…
Unfortunately, people break their promises, sometimes with vast consequences suffered by one party. In estate related matters, people can make life-changing decisions based on promises made to them. When a promise is made, but the promisor’s will says otherwise, or…
In Canada, the vast majority of businesses are small businesses, usually owned and operated by families or sole traders. For many business owners, their small business and its assets make up a large portion of their net worth and estate’s…
