Jurisdiction Disputes in Estate Litigation

Amy D. Francis

Jurisdiction Disputes in Estate Litigation Amy Francis[1] As an increasing number of wealthy people in BC own assets in other jurisdictions, it has become critical for estate litigators to understand the conflicts of laws issues that arise in multi-jurisdictional disputes. Because our wills variation legislation is more generous than many other jurisdictions, it is common for plaintiffs to want to bring disputes under BC law, and to have them determined in BC courts, rather than in other jurisdictions that may afford them fewer rights. [2] The choice of law and the choice of forum in these cases can have a very…

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The Integration of Family and Estate Law

Lauren Blake

Introduction Families across Canada hold property in joint tenancy for many reasons - including as a means of simplifying their estate, avoiding probate fees and protecting gifts from challenge under wills variation legislation. However, this is a complex area…

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Passing of Estate Accounts

Amy D. Francis and Ken Vimalesan

In this paper we will explore some specific recent issues that have arisen in the case authorities that deal with passing of estate accounts. Specifically, this paper will focus on the jurisdiction of the registrar and standard of review, pre-taking of…

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All Trusts, All the Time – Implied, Resulting and Constructive Trust Claims

Lauren Blake

I.     Introduction The concept of who actually owns an asset arises frequently in the areas of both family and estate law. Families often transfer ownership to real estate and other assets without considering the legal consequences of the transfer. The…

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The Final Step: Passing the Accounts in a Contentious Estate

Lauren Blake

I.       Introduction A.     Then and Now: The Duty to Account All personal representatives and trustees (throughout this paper the term “trustee” represents both a true trustee and personal representative) have a duty to account to persons with…

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