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Real Estate News
In Canada, section 2 of the Assisted Human Reproduction Act sets out that “No person shall remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo unless the donor has given written consent”. In considering cases under section 2, the Supreme Court of Canada has made […]
Johnston Franklin Bishop is pleased to announce that Alexa Zimmer has been called to the bar, finishing her articles, and is now a lawyer. She will continue to practice law in the practice areas of real estate, wills and estates, and litigation with Johnston Franklin Bishop.
The recent decision of Grewal v. Litt, 2019 BCSC 1154 looks at the factors the Court will consider when deciding to vary a will that treats independent adult children unequally. The potential influence of cultural traditions and customs on the parents’ decision-making was a central issue in this matter.In this case, Nahar and Nihal Litt […]
In the 2018 decision of Enns v. Gordon Estate, 2018 BCSC 705, the Court considered estrangement between adult parents and children, and when estrangement can be sufficient to establish a circumstance that negates a parent’s moral obligation to provide for their child in their will.This case involves a claim by Norma Enns and Elizabeth Gordon […]
The 2012 decision of Dunsdon v. Dunsdon, 2012 BCSC 1274 is frequently cited in cases involving claims by adult children to vary a parent’s will.Under section 60 of the Wills, Estates, and Succession Act, the Court may vary a will in favour of a spouse or child in such amount as the Court thinks is […]
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 […]
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 […]
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 […]
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, […]