Blog Posts

As Canadians live longer and more families assume caregiving responsibilities that were once provided by institutions or professional caregivers, a common issue arises: the care of an aging parent often falls disproportionately on one child. That child may coordinate medical appointments, manage medications, oversee finances, arrange home care, prepare meals, provide transportation, and offer daily […]

Mutual wills occupy a unique area of estate law in British Columbia. While many spouses prepare “mirror wills” that leave everything to one another, not every pair of similar wills creates a binding obligation.  A mutual will can significantly restrict the surviving spouse’s ability to later change their estate plan.  Where a valid mutual wills […]

The British Columbia Supreme Court’s decision in Phagura v. Frenette, 2026 BCSC 912, is a significant reminder that courts will intervene where conflict between co-executors prevents the proper administration of an estate. The case involved a deeply divided family dispute following the death of a mother whose estate plan relied on two of her daughters […]

The Supreme Court of Canada has issued a landmark decision that will reshape family law and civil litigation across the country. In Ahluwalia v. Ahluwalia, 2026 SCC 16, the Court formally recognized a new common law tort of intimate partner violence (“IPV”).For survivors of abuse, the decision represents a significant shift in how Canadian courts […]

In an earlier blog post, “Fighting over Fluffy: Who Gets to Keep the Family Pet?”, we discussed how British Columbia courts historically treated pets as personal property under the Family Law Act. Since then, the legal landscape has changed significantly. The British Columbia Supreme Court’s decision in Bayat v. Mavedati, 2024 BCSC 619, is one […]

Undue influence is one of the most effective legal grounds to challenge a will or significant lifetime transfer in British Columbia. Where pressure, dependency, or manipulation shapes a person’s decisions, the court may set those decisions aside. This issue often arises in disputes involving caregivers, late-in-life changes to estate plans, and situations where a vulnerable […]

British Columbia law gives individuals significant freedom to decide how their estate will be distributed on death. That freedom, however, is not absolute. Where a will fails to make adequate provision for a spouse or child, the court may intervene under the Wills, Estates and Succession Act (“WESA”). The 2026 decision in Wols v. Funk, […]

Most people assume that if you win, the other side pays your legal bills. If you lose, you pay theirs. Costs are not just about who “won.” The starting point: costs follow the event In BC Supreme Court litigation, the general rule under Rule 14-1(9) of the Supreme Court Civil Rules is simple: the successful […]

More couples are choosing to live together without getting married. While this is increasingly common, many people do not realize that unmarried couples often have the same financial obligations to one another as a married couple upon separation.  A cohabitation agreement can play a critical role in clarifying rights, reducing uncertainty, and protecting both partners […]

When Courts Can Fix a Will The British Columbia Court of Appeal case Paige v. Noel, 2025 BCCA 358 offers a look at how section 58 of the Wills, Estates and Succession Act (WESA) operates in unique circumstances, such as text messages or emails expressing a will-makers intention to remove someone from their will. Section […]

Many estate disputes are not caused by unfair wills, but by unclear ones. Poor structure, inconsistent wording, and failure to plan for common life events often force executors and beneficiaries into court. Careful drafting can avoid most of these problems. Below are practical, straightforward tips that make wills easier to understand, administer, and defend. 1. […]

Estate planning isn’t just about houses, bank accounts, and stocks any more. In 2025, your digital life, including cryptocurrency, online subscriptions, cloud-storage, social media, and domain names, can play a critical role in what you leave behind, how it’s managed, and whether disputes arise. For clients, executors and beneficiaries alike, overlooking the digital dimension can […]

When couples separate, dividing property and debt can be one of the most complex and emotional parts of the process. In British Columbia, these matters are governed primarily by the Family Law Act (FLA), not the Divorce Act. Understanding how property and debt are defined, divided, and possibly excluded is essential for anyone navigating a […]

Canadian spousal support law is deliberately structured to separate moral fault from financial obligation. Generally, behaviours such as affairs, substance abuse, verbal conflict, or the fact that one spouse “caused the separation” will not be decisive. The General Rule: Misconduct Is Irrelevant Under both the Divorce Act and British Columbia’s Family Law Act, courts generally […]

When people think about a legal dispute, they usually picture a courtroom, a judge, and a final decision handed down at the end. What most people don’t realize is that many cases in British Columbia are resolved long before anyone ever goes to trial, often through mediation. What is Mediation? Mediation is a structured meeting […]

We are pleased to note that the British Columbia Court of Appeal has now affirmed the decision in Matossian Estate v. Clark Estate 2024 BCSC 2214. The decision confirms the soundness of the trial judgment. Appellate review serves an essential function in our legal system. The Court of Appeal’s decision to uphold the trial ruling […]

Life changes and so can your support arrangements. Whether it is child support or spousal support, sometimes the order you agreed to or the court issued no longer fits your financial reality. The good news is that in British Columbia, support can be modified under the right circumstances. If your income has changed, your child’s […]

One of the most common shocks beneficiaries face is discovering that major assets are no longer in the estate by the time a will is probated. In British Columbia, the law draws a hard line between what courts can and cannot claw back. Under the Wills, Estates and Succession Act (“WESA”), a wills variation claim […]

Disinheriting an adult child can be a contentious issue in wills and estate litigation. While British Columbia’s Wills, Estates and Succession Act (WESA) allows will-makers wide freedom to distribute their estate as they choose, the courts retain the power to vary a will when adequate provision has not been made for a spouse or child. […]

One of the most common arguments raised in wills variation claims is that the deceased already “took care of” the claimant during their lifetime. Parents often help adult children with down payments, education costs, or business loans. When the will later leaves that same child little, or nothing, the executor often argues that those earlier […]