Archive for August, 2012

SCC decides not to hear appeal in Mawdsley v. Meshen

Yesterday, the Supreme Court of Canada dismissed Dennis Mawdsley’s application for leave to appeal from the BC Court of Appeal’s decision in Mawdsley v. Meshen.  In Mawdsley, the deceased had taken various estate planning steps prior to her death that had the effect of reducing the size of her estate. The common law spouse of… View this post »

Determining Spousal Status Can Be Difficult

The number of people in common law relationships has steadily increased over the years. While many couples may actively choose a common law relationship over marriage, others may do so inadvertently, making a decision to cohabite without really considering whether they are, or intend to be, in a common law relationship. In the estate context,… View this post »

What If a Gift in a Will No Longer Exists?

What happens if a specific gift you were promised under a will no longer exists at the time of the testator’s death? The short answer is the missing gift fails, and you may have no claim to an equivalent benefit from the estate. For example, if your father left you his Honda in his will… View this post »