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 […]

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, […]

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 […]

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 […]

Estate law in British Columbia has a few surprises, and one of the biggest is that a person can die leaving more than one legally recognized spouse. Under the Wills, Estates and Succession Act (“WESA”), it is legally possible for a deceased person to have more than one spouse at the same time, a reality […]

Preparing a will is one of those tasks many people know they should do, but often put off until later. Thanks to inexpensive online will kits, it’s tempting to think you can draft a will yourself and save a few hundred or thousand dollars. But in British Columbia, relying on DIY wills can create serious […]

If someone dies without a valid will, they die intestate. Their estate is then distributed according to the Wills, Estates and Succession Act (WESA). These rules apply to deaths after March 31, 2014. What Counts as Part of the Estate? When someone dies, their assets fall into two main categories. First are the assets that […]

Being named as the executor of an estate in British Columbia can feel like both an honour and a burden. While it means the deceased trusted you, it also comes with paperwork, deadlines, and asset management. Naturally, two common questions arise: How much can an executor be paid? And what happens if they don’t want […]

Many couples today build deep and committed relationships while choosing not to share a home. Some do this for work or education, some for family obligations, and others simply prefer maintaining separate spaces. Even without living together, these couples often function as spouses in every practical sense. They share their lives, support one another, and […]

Families often exchange money without thinking twice. Whether that be covering a down payment for a new house, paying for a child’s tuition, or transferring money in a difficult time, financial help feels informal. There is no paperwork, contracts, or repayment schedules. Everyone assumes the intention is obvious. … and then the lender passes away. […]

Creating a will is an important step. It tells your loved ones how you want your assets handled after you’re gone. But life changes, and sometimes your will needs to change too. Maybe you want to add a new beneficiary, adjust a gift, or fix a mistake. The tricky part is that you can’t just […]

Legal costs can add up quickly during estate litigation in British Columbia. One tool the courts sometimes use to manage risk and fairness in these proceedings is an order for security for costs. What is “Security for Costs”? An order for security for costs order requires one party, usually either the claimant or the appellant, […]

In British Columbia, there are circumstances where an adult may no longer be able to manage their personal, medical, or financial affairs due to mental or physical incapacity. In these situations, the court can appoint a committee to make decisions on behalf of the adult. This process is governed primarily by the Patients Property Act […]

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, […]

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 […]