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Sabey Rule Blog

Estate Litigation Basics Course, April 13, 2018

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I have the honour of speaking at the Continuing Legal Education Course on Estate Litigation Basics, at the Pan Pacific in Vancouver on April 13, 2018. I am speaking about evidence in estate litigation. My paper is co-authored (or will be when it’s done) by Taeya Fitzpatrick of my firm.

The course is chaired by Lauren Blake of Legacy Tax and Trust Lawyers, Vancouver. The other faculty are:
Continue reading “Estate Litigation Basics Course, April 13, 2018” »

MacKinnon v. Donauer

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There is no shortage of court cases in British Columbia of informal family arrangements going awry. A parent may assist a child and the child’s spouse in purchasing a home with the expectation of sharing the home. The idea may make good sense. Unfortunately, neither side may consider what will happen if the arrangement doesn’t work out. In the case I am about to write about, MacKinnonv. Donauer, 2017 BCCA 437, for example, Madam Justice Newbury, noted at paragraph 3, Continue reading “MacKinnon v. Donauer” »

B.C. Court of Appeal Confirms that Notaries are Not Permitted to Draw Wills with Life Estates

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The British Columbia Court of Appeal confirmed that notaries public are not permitted to draw wills that create life estates or trusts in a decision released December 21, 2017. In British Columbia, generally only lawyers may practice law, which includes drawing wills for a fee. However, members of the Society of Notaries Public of British Columbia are also permitted to draw wills for a fee, but there are restrictions on the types of wills they may draw.  Specifically, as set out in section 18 of the Notaries Act, notaries may, Continue reading “B.C. Court of Appeal Confirms that Notaries are Not Permitted to Draw Wills with Life Estates” »

Transfer of Firearms from an Estate

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The Firearms Act defines “transfer” to mean sell, barter, or give. Accordingly, disposition of even a non-registered firearm will involve a “transfer” and will be subject to the applicable laws and regulations.

The first thing an executor needs to know is that in Canada a firearm may be transferred to:

  • a person who is 18 or older;
  • an organization with a Firearms Business License; and
  • a public service agency (such as the RCMP).

Continue reading “Transfer of Firearms from an Estate” »

Supreme Court of Canada Decision on Proprietary Estoppel in Cowper-Smith v. Morgan

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The Supreme Court of Canada rendered it judgment in Cowper-Smith v. Morgan, 2017 SCC 61, this last Thursday, December 14, 2017. The main legal issue is whether a person who relies on a promise that he will receive property to his detriment may become entitled to the property even if the person who made the promise did not own the property at the time she made the promise. Let me explain. Continue reading “Supreme Court of Canada Decision on Proprietary Estoppel in Cowper-Smith v. Morgan” »

Storage of Firearms Left in an Estate

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For many executors the process of administering an estate includes dealing with unfamiliar assets and concerns, and not uncommon among these are the firearms of the deceased and the question how to store these firearms prior to transferring them. While this topic can become complex I will attempt to set out some of the more general points of firearms-related legal obligations which an executor would be wise to consider prior to dealing with any firearms in the estate. Continue reading “Storage of Firearms Left in an Estate” »

Banton v. Banton (Part 4)

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This is my fourth post, on the decision in Banton v. Banton, 1998 CanLII 1496, a case involving Muna Yassin who married George Banton when she was 31 and he, 88. The dispute was between Ms. Yassin in George Banton’s five children. I described in my first post Mr. Justice Cullity’s finding that two wills Mr. Banton made leaving his estate to Ms. Yassin were invalid on the grounds that he did not have the requisite mental capacity to make the wills, and that she exercised undue influence over him. In my second post, I outlined Mr. Justice Cullity’s finding that Mr. Banton’s marriage to Ms. Yassin was nevertheless valid, which had the effect of revoking the will Mr. Banton made before the marriage in which he left the residue of his estate to his five children. Continue reading “Banton v. Banton (Part 4)” »

Banton v. Banton (Part 3)

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In my two previous posts, I’ve written about Mr. Justice Cullity’s decision in Bantonv. Banton,1998 CanLII 1496, a case involving Muna Yassin who married George Banton when she was 31 and he, 88. The dispute was between Ms. Yassin in George Banton’s five children. I described in my first post Mr. Justice Cullity’s finding that two wills Mr. Banton made leaving his estate to Ms. Yassin were invalid on the grounds that he did not have the requisite mental capacity to make the wills, and that she exercised undue influence over him. In my second post, I outlined Mr. Justice Cullity’s finding that Mr. Banton’s marriage to Ms. Yassin was nevertheless valid, which had the effect of revoking the will Mr. Banton made before the marriage in which he left the residue of his estate to his five children. Because Mr. Banton died without a valid will, Ms. Yassin was entitled to a large portion of his estate. Continue reading “Banton v. Banton (Part 3)” »