Articles

Henriksen Estate (Re), 2026 BCSC 1058 | Justice Morley | June 3, 2026 Overview Henriksen Estate (Re), 2026 BCSC 1058, is a brief but legally interesting decision from Justice Morley addressing what appears to be a novel question in BC estate law: can a document drafted after a testator’s [...]

2026 BCSC 404 | BC Supreme Court | Justice Hardwick | 7-day trial A 2026 BC Supreme Court decision has varied a will that left 75% of a $490,000 estate to an unrelated couple and only 25% to the testator’s severely disabled adult son. Wols v. Funk, 2026 BCSC 404 is a useful illustration [...]

2026 BCSC 461 | BC Supreme Court | Justice Thomas | Summary Trial | 2 days Can a parent in British Columbia disinherit an estranged adult child?  In Cusack v. Cusack, 2026 BCSC 461, the BC Supreme Court answered yes – dismissing a wills variation claim by an adult daughter who had [...]

Case Commentary: Bennison v. Bennison, 2025 BCCA 195 · Decided June 13, 2025 · British Columbia Court of Appeal When a parent dies without leaving anything to their children or grandchildren, the sense of betrayal can be profound. BC’s Wills, Estates and Succession Act (WESA) provides a [...]

If you’re thinking about contesting a will in BC, you’re likely dealing with a situation that feels unfair or doesn’t add up. Luckily, the law in BC does provide ways to challenge a will, but only in specific circumstances, and within strict time limits. What Does It Mean to Contest a Will? [...]

If you die without a will… The distribution of your estate will be to your next of kin as set out in the Wills, Estate and Succession Act. No assets can be diverted to charities, friends or other relatives. Normally all assets must be converted to cash (i.e. family heirlooms may be sold [...]

The Federal House of Commons passed Bill C-14 in 2016 which amended the Criminal Code to provide an exemption to the law that made it a criminal offence to assist someone to commit suicide. The impetus for the introduction of this Bill, was the Supreme Court of Canada’s decision in Carter v. [...]

Disputes about wills and inheritances may be set to grow dramatically in the coming years. According to CBC News, a confluence of various factors is setting the stage for an increase in contested wills over the next two decades. With the savings of those born in the 1930s and 1940s set to be [...]

Introduction This article is a brief outline of the law relating to incapacity in British Columbia. Please contact us for more information. If an adult person becomes mentally “incapable” that person may require assistance in handling their financial and legal affairs and/or their personal [...]

Introduction This article briefly outlines the law relating to undue influence in British Columbia. Please contact us for more information. A distinction must be made between undue influence in transfers of property and undue influence in the making of wills. The law surrounding challenging [...]