Blog Posts
Welcome to the Richter Trial Lawyers Blog, where we share insights, updates, and practical guidance from our legal team. Our goal is to help readers understand the latest developments in estate litigation, family law, civil disputes, and personal injury matters in British Columbia. Because the legal world changes often, we work hard to keep this page current, clear, and useful.
What You Will Find on the Richter Trial Lawyers Blog
Here, we publish articles about new decisions from the BC Supreme Court, the BC Court of Appeal, and the Supreme Court of Canada. These decisions often shape how the law works in real life. As a result, our blog highlights what these rulings mean for individuals, families, and professionals.
We also write about practical issues that clients raise every day. For example, many people want to understand wills variation claims, undue influence in estate planning, time limits in family matters, or how personal injury damages are calculated. Our lawyers break down these topics in plain language so readers can feel more confident about their rights.
Who Writes Our Blog Content
The Richter Trial Lawyers Blog features posts written by members of our legal team, including our managing partner, John M. Richter. Because we appear regularly in court, we bring firsthand experience and real-world context to every article. In addition, our team aims to explain complex legal issues in a way that is straightforward and accessible.
Why Our Blog Matters
We created this blog to give readers quick access to reliable legal information. Although our posts are not legal advice, they can help you understand the issues involved in your case and prepare better questions when meeting with a lawyer. If you want more detail about any topic you see here, we invite you to explore our related practice pages or contact our office for assistance.
An alter ego trust may be used to avoid wills variation claims. When someone dies, everything that was in their legal name at the time of death is presumed to form part of the deceased’s estate. It is the deceased’s estate that then passes to beneficiaries. Who the beneficiaries are is usually determined by the […]
In the recent WVA case of Reznik v. Matty, 2013 BCSC 1346 Mr. Justice Funt reviewed the law relating to the inherent jurisdiction of the Supreme Court of British Columbia. The case involved an estate worth approximately $650,000 consisting of about $100,000 in cash or near cash and approximately $550,000 in real estate. The testator […]
Beyond a consideration of the competing legal claims are the moral claims which the courts must consider in deciding a Wills Variation Act claim. These moral claims are usually more individual and specific than legal claims and can include the most varied considerations, some of which be assured/implied expectations, disability and financial circumstances. It will […]
The most intriguing part of the Wills Variation Act (now the Wills, Estates and Succession Act) is that “adequate provision for the proper maintenance and support” and “adequate, just and equitable” is judged in light of contemporary community standards, legal and moral. These legal and moral standards are different in different parts of our country, different in […]
It was the earlier lobbying of women’s groups in the early 20th century that was responsible for the enactment of the first Wills Variation Act (now the Wills Estates and Succession Act). The evolving rights and role of women in society has continued to stand behind the interpretation of the Wills Variation Act by the […]
Beneficiaries have to be able to trust their trustee. Period. Trusts occur in different ways: Automatically by operation of the law, by express written document, or by express unwritten agreement. Sometimes trustees don’t know they’re trustees because the trust has arisen automatically by operation of the law. That is no excuse. The relationship between a […]
A beneficial interest is a term used to describe the situation that occurs when something is held in “trust”. You may have a beneficial interest in something if you are the “real” owner of it, but legally it is “held” by someone else. For example, Benny is 80 years old. Benny buys this house with […]
A BC estate is subject to the Wills, Estates and Succession Act (WESA, formerly the Wills Variation Act). WESA allows spouses and children to vary wills of their parents and spouses. In such cases, the court struggles with balancing two principles: that a deceased has the right to choose what should happen with their assets […]
Estate litigation lawyers use part of the Wills Estates and Succession Act (or WESA, formerly the Wills Variation Act) when varying wills. In British Columbia, wives, husbands and children are protected from their parents or spouses writing wills and leaving their assets in a way that offends contemporary community standards. Section 60 of WESA (formerly Section […]