Month: April 2020

Gibbons v. Livingston, 2018 BCSC 1452 & 2018 BCCA 443

In the 2018 decisions of Gibbons v. Livingston, 2018 BCSC 1452 and 2018 BCCA 443 our courts addressed competing family law and wills variation claims.Following the death of her common-law spouse, Graeme Livingston, Vicki Gibbons sued to vary his will, which left his entire estate to his son and left nothing to Ms. Gibbons. The […]

Boer v. Mikaloff, 2017 BCSC 21

The 2017 decision of Boer v. Mikaloff, 2017 BCSC 21 addresses the rights of a child who has been adopted, but is named as beneficiary in their biological parent’s will.Section 3 of the Wills, Estates, and Succession Act clearly states that a child who has been adopted is not entitled to a share of their […]

Bizicki Estate, 2019 BCSC 2142

Prior to the introduction of the Wills, Estates, and Succession Act (WESA) in 2014, a document could only be accepted as a will if it met certain formal requirements: it must be in writing and signed by the will-maker in the presence of two witnesses who also must sign the document in the presence of […]

Mayer v. Mayer Estate, 2018 BCSC 2225

The recent decision of Mayer v. Mayer 2018 BCSC 2225 highlights the importance of clarity in estate planning and the limitations of section 60 of the Wills, Estates, and Succession Act, which permits spouses and children to seek an order varying a will.This decision involves a claim by the daughter of one Otto Mayer seeking, […]