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Canada Case Law

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Wills and estates 2016 BCSC 33

Serbina v. Frejd

The court held that Mrs. Salmen lacked testamentary capacity in March 2009, so her May and October 2009 wills were invalid. The counterclaim was dismissed.

  • Testamentary capacity
  • Undue influence
  • Breach of contract
  • Joint tenancy
  • Unjust enrichment
  • Trust
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Wills and estates 2015 BCSC 2162

Lane Estate

The court held that seven handwritten notes left by Elda Lane did not show a deliberate and final testamentary intention and could not alter her will under s. 58 WESA.

  • Section 58 wills estates and succession act
  • Testamentary intention
  • Curative provision
  • Formal validity of wills
  • Undue influence and capacity
  • Wills-and-estates
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Estate law 2015 BCSC 1687

Lantzius Estate

The court awarded costs to the successful executors in a probate dispute, declined to order the estate to pay, and refused special costs against the respondents.

  • Probate
  • Testamentary capacity
  • Undue influence
  • Costs
  • Special costs
  • Testamentary-capacity
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Wills and estates 2015 BCSC 1213

Harshenin v. Khadikin

The court upheld the property transfer to the son as an inter vivos gift, but held the alleged will invalid and revoked probate.

  • Resulting trust
  • Joint tenancy and right of survivorship
  • Due execution of wills
  • Forgery allegation
  • Intestate succession
  • Admissibility of deceased statements
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Family law 2011 BCSC 774

Stewart v. Stewart

The court dismissed a son’s claim against his father’s estate for a $100,000 life insurance obligation under a Mississippi child support order, holding the duty ended at majority.

  • Life insurance as security for support
  • Child support enforcement
  • Choice of law for support orders
  • Constructive trust
  • Enforceability of foreign orders
  • Limitation issues
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.