Posts Tagged ‘bc estate litigation lawyers’

WILLS VARIATION ACT BC ESTATE LITIGATION VALID AND RATIONAL WISHES AND RESULTING TRUST

Friday, June 29th, 2012

The BC estate litigation lawyers lawyers at MacLean Estate Litigation know estate claims are often emotionally charged and filled with recriminations. Estate claims can occur when assets have been gratuitouisly placed in the name of the deceased’s child or third party. Whether this was done for convenience, with the asset to be shared with other family members or to be legitimately retained absolutely by the person on title is often hotly disputed. Further, claims by excluded beneficiaries that they were not properly provided for in the Will can be made under the BC Wills Variation Act. Finally, in cases where a testator takes steps to prevent a Wills Variation Act claim, by structuring their affairs to leave nothing in the estate for the disgruntled excluded person to make a Wills Variation Act  claim can lead to claims of Fraudulent Conveyance. Click here to read our blog on the issue of alter ego trusts and fraudulent conveyance claims. Call us at 1-877-602-900 if you have an estate litigation issue as strict deadlines apply.

 

A recent decision of Judge Halfyard in Holvenstot  dealt with issues of resulting trust or gift together with a Wills Variation Act claim by a son of the deceased who had excluded him from the will for what she said was outrageous conduct by him towards her. The steps involved in these cases involve trying to get assets outside of the estate back into the estate followed by a claim against the estate which has more assets in it. The tests for a gift or trust resulting in the estate being enlarged are complex and we take the time to quote the able reasoning of the judge on this point below:

Lorne MacLean, QC of MACLEAN ESTATE LITIGATION

Lorne MacLean, QC of MACLEAN ESTATE LITIGATION

 

The Claims
[6] The plaintiff first claims that Susan Holvenstot (“the defendant”) received real and personal property from their mother during the mother’s lifetime and that these assets were held by the defendant in a resulting trust for the mother’s estate. The plaintiff seeks an order to compel the defendant to pay the value of those assets to their mother’s estate. The second claim of the plaintiff is for an adequate, just and equitable share of the mother’s estate, pursuant to s. 2 of the Wills Variation Act.


The Defence

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