Two Issues That Can Cancel Cohabitation Agreements
Understanding B.C. Cohabitation Agreements Significant Unfairness & Voidable Reason at Common In part 1 of this Cohabitation Agreements in B.C. series, we considered two of the common reasons why cohabitation agreements may be set aside by the Courts in B.C. – lack of independent legal advice and inadequate financial disclosure. Section 93 of the Family Act provides the statutory basis to set aside …Read more →
Cohabitation Agreements in Wills Variation Claims
BC Supreme Court on Cohabitation Agreements BC Wills Variation Claims In British Columbia, under both the Wills Estates and Succession Act (“WESA”) and the Family Law Act, common law spouses are afforded the same protections as married spouses and have the standing to bring law suits to vary wills if they believe that they have not been treated fairly by their deceased partner. …Read more →
Resolving Estate Disputes Outside of Trial
3 Alternative Ways for Resolving Estate Disputes in BC Estate litigation and wills variation claims are often very heated, given that they often involve family members vying for control over the assets of a recently deceased relative. There is often emotion on all sides and the prospect of testifying in Court against a relative can be daunting for some litigants. However, not …Read more →