Costs Award Following Unsubstantiated Allegations in Estate Litigation

Costs Award Following Unsubstantiated Allegations in Estate Litigation

A recent costs decision out of a British Columbia Supreme Court (BCSC) highlights the dangers of making unsubstantiated allegations in the often high stakes, high emotion, context of estate litigation. Petitions Pit Deceased’s Widow Against Stepdaughters The case in question, Malacek v Young, 2021 BCSC 2219, concerned the judgment on costs following two competing petitions in a…

A Promise to Transfer Family Property May be Enforceable Against an Estate

A Promise to Transfer Family Property May be Enforceable Against an Estate

Can a promise be enforceable against an estate? In a recent decision, the Ontario Court of Appeal considered the enforceability of promises, unjust enrichment, and proprietary estoppel. What is Unjust Enrichment? Unjust enrichment occurs when one person receives a benefit at the expense of another, in circumstances that the law sees as unjust. To successfully…

Marriage Will No Longer Revoke a Will in Ontario

Marriage Will No Longer Revoke a Will in Ontario

In April 2021, the Ontario Government passed Bill 245, the Accelerating Access to Justice Act, 2021, which includes some significant changes to estate law in Ontario. Many of these new rules are set to come into effect in January 2022 and it’s important to be apprised of these upcoming legislative changes. In this article, we discuss…

Brother’s Attempt to Remove Sister As Trustee To His Trust Rejected by Court

Brother’s Attempt to Remove Sister As Trustee To His Trust Rejected by Court

In a recent British Columbia case, a brother asked the court to remove his sister as the trustee to the trust established by his deceased father for him, alleging that she had been untruthful and self-interested in the trust’s management. Testator Creates Trust for Younger Son in Will The testator passed away in 2014, leaving a will dated 2012….

Estate Dispute Between Extended Families of Deceased Married Couple over Proceeds of Home Sale

Estate Dispute Between Extended Families of Deceased Married Couple over Proceeds of Home Sale

One of the realities of estate litigation is that it often involves families finding themselves at odds over what should happen to the estate of their loved ones. In some cases, the children of the deceased are involved, but of course, many people choose to not have children or can’t have children. In those cases,…

Daughter Seeks Evidence To Invalidate Mother’s Will
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Daughter Seeks Evidence To Invalidate Mother’s Will

There are a number of reasons why someone may want to challenge a will. One such reason that comes up quite frequently is when someone doesn’t believe that the testator (the person making the will) had the capacity to do so. This could be because of health reasons, or it could be because a third party…

Parties To Litigation At Odds Over Where Trial Should Be Held

Parties To Litigation At Odds Over Where Trial Should Be Held

One of the impacts COVID-19 has had outside of the day-to-day health and safety concerns that are top of mind is the difficulty to travel. In some parts of Canada, airlines have pulled out of serving cities altogether. This brings up difficulties that people might have traveling for pleasure, work, or court. Of course, most…

Unsuccessful Estate Litigation Leads To Large Costs Award

Unsuccessful Estate Litigation Leads To Large Costs Award

Not too long ago we wrote about a niece who attempted to remove her uncle as the estate trustee of another one of her uncles. A recent follow-up decision related to costs associated with the unsuccessful bid was just released and serves as a good reminder of the risks of pursuing litigation that does not…