Blog Posts

In estate litigation any information regarding the deceased’s intentions must be disclosed as they cannot speak for themselves. From this, the Judge will infer the deceased’s intentions while sorting through a mess of hearsay statements from witnesses. This was the main issue in Simard v Simard Estate. Verna Simard was a very private and proper […]

Can the Obligation to the Child be Replaced by Benefitting the Grandchildren? In an April, 2021 BC Court of Appeal decision, the court considered a variation of a will on the basis that the testator’s moral obligation to his daughter was not discharged as he benefited her sons at her own expense. In Scurek v […]

Introduction Cultural traditions play a significant role in shaping family dynamics and inheritance practices across communities. For example, it’s well-known that many cultures tend to exhibit a preference for sons over daughters in various aspects of family life, including inheritance. When these traditions conflict with the principles of equality and fairness enshrined in Canadian law, […]

Richter Trial Lawyers is happy to welcome our newest addition, Emma Wright, beginning September 2023. Emma will be joining us as an articling student. Emma grew up in Ottawa, ON. She started her academic journey when she moved to London, ON, where she received her B.A. with honours at Western University. Recently, she graduated with […]

This obligation can often be overwhelming and intimidating for many when dealing with a legal case. However, this is a common and essential aspect of serval legal matters, especially family or the process of wills variation. Financial disclosure for Wills Variation is providing information about the financial assets and liabilities of a deceased person’s estate […]

General Information Once you’ve confirmed you have the most recent will, you must confirm you’re named executor. As an executor, you must always obey the law and the terms of the will. Additionally, there can be more than one executor or administrator of the will. Essentially, your job and responsibility are to carry out the […]

Background Justice Douglas refused to prejudge a wills variation claim on an interim application. In Rivers v. DeVouge, 2022 BCSC 2267, John Richter successfully defended an application brought by the plaintiff wife. The deceased husband prepared a new will and created an alter ego trust shortly before he died. He transferred many of the assets […]

The court in B.L.S v D.J.S 2022 BCSC 764 took a tapered interpretation of s. 213 of the Family Law Act. This interpretation may incentivize improper disclosure for settlement agreements outside of court. Background The plaintiff in this case was the wife of the defendant. After separating in 2011, the pair entered into a separation […]

What happens if a spouse has separated from their partner, but prior to their death does not commence a family law claim for division of assets? Can their estate commence a family claim even when the deceased made no such effort? Background This issue arose in the case of Weaver Estate v. Weaver, 2022 BCCA […]

Does pre-judgment court order interest need to be pled on retroactive periodic spousal support? The short answer is no. Court order interest, governed by the Court Order Interest Act [COIA], is mandatory on pecuniary judgments whether it is pled or not.

Fighting over Fluffy: Who Gets to Keep the Family Pet? For many people, the family pet is considered a living breathing member of the family. In some cases they are better behaved than most family litigants. Although the Court has been known to make interim custody orders for a motorcycle (Krczizanowski v Fieseler, 2018 BCSC […]

Reviewing Spousal Support in Separation Agreements: What is “Material Change”? Most family claims are resolved by way of settlement agreement rather than trial. The amount and duration of spousal support are commonly set out in an agreement and can sometimes be incorporated in a Consent Order. The wording of those clauses requires careful attention, especially […]

Examinations for Discovery during Covid: Is Zoom the default? The Covid pandemic has definitively altered the way litigation is conducted in British Columbia, including conducting examinations for discovery. While the courts struggled initially to adapt to a new way of conducting hearings progress is (slowly) being made. Trials are still being conducted in person, subject […]

Failure to Consummate a Marriage still valid grounds for annulment in BC An annulment for failure to consummate a marriage is still alive and well in British Columbia. Annulment vs. Divorce Divorce and annulment have the same result: dissolution of the marriage. However, both have different implications for how the prior marriage is treated. A […]

Settlement Offers and Releases: Pitfalls and Problems Most litigants are able to resolve their issues without trial by agreement. Releases are a standard part of the process and provide assurance to both sides of the transaction that the issue has been laid to rest and neither side can bring any future claims. Often the releases […]

Secret Trusts: What are they and how do they work? Secret Trusts are not solely the product of Hollywood murder mysteries. While they are rare, they still do make an appearance in Estate claims. Most recently, they came before our Court of Appeal in Bergler v. Odenthal, 2020 BCCA 175 What is a “Secret Trust”? […]

Tax Consequences of Lump Sum vs Monthly Spousal Support: Why the difference matters Spousal support can be awarded and paid as lump sum or periodic monthly payments. Each method has its own benefits and drawbacks. However, there are tax consequences in opting for one or the other that should be factored into determining an amount. […]

Are RRSP and RRIF Withdrawals Part of Your Income for Spousal and Child Support? (Short Answer: It depends) Many people make RRSP and RRIF withdrawals before and during a family claim. Sometimes these are used to pay legal bills or purchase a new residence. If you do make a withdrawal, how does it affect your […]

Are Views of the Child Reports Binding? Views of the Child Reports or “Section 211” reports are an important piece of puzzle to help the court determine what the appropriate parenting arrangements should be. Sometimes a parent may not agree with the results of a section 211 report and they may feel the report is […]

Protection orders are orders that the court can make to protect an at-risk family member from family violence. The purpose of granting a protection order is to recognize potential danger to vulnerable family members and provide the court with a means of ensuring the safety of those family members. Protection orders are governed by the […]