MT Estate Litigation Blog

Notary's public pen and stamp on testament and last will

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

Displaying 1-10 of 14

Bill 21: Electronic wills in British Columbia

August 27, 2020 | Alexander Swabuk

Following the surge of the COVID-19 Pandemic, the BC Legislature undertook a myriad of proactive measures to assist the general public. One such step from an estate planning perspective was the introduction of Bill 21: Wills Estates and Succession Amendment Act,...


A trustee’s duties in volatile markets

August 6, 2020 | Pia Hundal, Dwight D. Dee, Darren Lund

Introduction Market volatility arising from the COVID-19 pandemic is unlike anything experienced in recent history. Two of the largest single day drops in the history of the Dow Jones Industrial Average occurred in March 2020. Later that same month, the...


Beneficiaries as a witness to a will: The impact and effect of Section 43 of the WESA

July 30, 2020 | Alexander Swabuk

In order for a will to be valid, a will must meet certain formal requirements. These requirements, often referred to as “testamentary formalities,” are relatively standard throughout the common-law world and relatively well-known. In particular, a valid will in British...


Contesting a Will – overview

July 23, 2020 | Christopher Crisman-Cox

This posting provides an overview of some common grounds on which to challenge a Will. Each of the topics mentioned in this post is worthy of a separate, more in-depth article, and we will keep updating this article with the...


Commiteeship under the PPA: Criteria for selection

July 16, 2020 | Alexander Swabuk

In British Columbia, the Patients Property Act, R.S.B.C. 1996, c. 349 (the “PPA”) sets out the legislative framework and authority for an individual to apply for the right to manage an incapable person’s personal and financial affairs. Section 6 of...


Committee applications: Duties and costs

July 9, 2020 | Alexander Swabuk, Kelsey Sherriff

There is a presumption at law that every adult is capable of making decisions. As a society, we take this presumption seriously in ensuring our rights are not unnecessarily taken from us and that we have autonomy concerning our own...


Executor compensation – part 2: How does an executor properly take compensation?

July 2, 2020 | Christopher Crisman-Cox

In Part 1 of this series on executor compensation, we looked at what is an appropriate amount for an executor to receive in compensation for their work for the Estate. In this post, we look at the proper method for...


Executor compensation – part 1: How much?

June 25, 2020 | Christopher Crisman-Cox

Generally speaking, an executor of an Estate will be entitled to some amount of compensation for their time and effort. Unfortunately, the specific amount of compensation has the potential to become a contentious issue. The beneficiaries may feel that the...


Spousal claims against estates: The utility and impact of domestic contracts

June 18, 2020 | Alexander Swabuk

Although marriage is often regarded as a rite of passage that carries with it intense societal significance, a recent survey reported by Statistics Canada has revealed that 41% of all married couples in Canada will either separate or divorce before...


Challenging a Will based on undue influence

June 11, 2020 | Christopher Crisman-Cox

A Will is not valid if it is the result of “undue influence”, but what exactly does that mean? Before going to court to challenge a Will on this basis, it is important to look closely at what exactly qualifies...


Displaying 1-10 of 14


The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.