photos of BC legislature buildings in Victoria, young children at great grandfather's birthday, Supreme court logo, and  cemetary grave stones in Victoria

"Did all your late parents' money end up in a joint bank account with your siblings?" 
By: Bruce A. Thompson, MA LLB

Bruce A. Thompson, MA LLB, writer of this article,  wills litgation lawyer with  over 40 years experience as a civil litigator eg business liability, complex real estate & strata cases, and since 2010 wills litigation and mediation - serves Metro Vancouver from his Richmond, BC office - click for more info

Often times beneficiaries of estates are shocked to find that assets of a will-maker have been transferred to others by way of gift prior to their passing.

Transfers of property between adults that have been made as gifts come with a rebuttable presumption that the property transferred is held on a resulting trust in favour of the person who made the gift or their estate.

This means that unless the person to whom the gift was made can establish that it was the intention of the will-maker to make a gift, the presumption tips the scales to establish no gift was intended.

Gifts made during a will-maker's lifetime also play a role in proceedings to vary a will.  A will-maker's obligations to those who received a gift can be diminished and to those who did not receive such a gift intensified.  Of course it sometimes happens that gifts made during a person's lifetime leave their estates unable to meet their obligations.

If you feel that a gift was unfair in a will context - you will need the help of an experienced litigation lawyer who knows what is required to prove intention.  One who can also assess what dispute resolution mechanism can work best in a given situation.

Bruce A. Thompson, MA LLB, wills litigator and mediator - with over 40 years experience as a litigator eg business liability, complex real estate & strata cases, and since 2010 wills litigation and mediation, serves Metro Vancouver from his Richmond, BC office

BRUCE A. THOMPSON,
MA LLB

Wills litigation & mediation lawyer

Bruce is an experienced litigator who expanded his practice (since 2010) to wills and estates litigation.

His previous 40 years of civil litigation involved:
- complex real estate,
- strata property and
- corporate liability litigation

It is his litigation experience that provides a unique vantage point to see the benefits to be gained from mediation, as well as recognizing early on the level of intractability in problem situations and having an insight as to what to do - either by litigation or mediation.

Why Mediation?

Judges write endings. They choose what they believe is the proper ending for the situation which is before them. The client's role is to provide the facts the judge can find in making their decision.

There is more than one side to the facts presented and the judge chooses the facts upon which to base his or her decision.

In mediation each side has an opportunity to have direct input into the writing of the ending. There is discussion beyond proof of facts. Multiple possible endings are considered. The ending of the dispute, not the proof of facts, is the focus.

The earlier in the dispute process an acceptable ending can be reached, the greater the savings in time and cost.

Why mediation? It provides a focus on resolution of disputes. It provides an opportunity for each side to have direct input into writing an ending acceptable to them.

Front door to 11331 Coppersmith Way, Richmond, BC - Riverside Professional Centre, where Bruce Thompson's law office is located

Bruce A. Thompson,
Lawyer & Mediator
Riverside Professional Centre
Suite 250, 11331 Coppersmith Way
Richmond, BC, V7A 5J9
Tel: 604.270.7773
Fax: 1.866.581.8064
Email: bthompson@thompsonlaw.biz


Bruce A. Thompson
Lawyer
Riverside Professional Centre
Suite 250, 11331 Coppersmith Way
Richmond, BC V7A 5J9
Tel:  604.270.7773




Michael Mark, BA LLB, experienced wills / estates disputes  lawyer based in downtown Victoria BC

Michael Mark, Victoria BC wills disputes lawyer Michael O'Connor, QC , experienced wills disputes litigator, senior partner with McConnan Bion O'Connor Peterson, downtonw Victoria, BC - click for profile Paul Scambler, QC experienced in area of wills and estate mediation where there is a dispute  that needs resolution without going to court Barri Marlatt, LLB wills disputes lawyer in downtown Victoria, BC - also experienced brain injury  car accident lawyer - click for more information Frank Baily, with 40 years experience as a lawyer, does wills and estate disputes cases Mark Perry, former lawyer with Office of the Public Guardian, brings years experience in the wills disputes area to  clients in his private litagation and mediation services Bruce A. Thompson, MA LLB, with over 40 years experience as a litigator eg business liability, complex real estate & strata cases, and since 2010 wills litigation and mediation, office in Richmond, BC Mary Jane Wilson, author of BC Wills Probate by Self Counsel Press  handles wills disputes / contested wills in Surrey, BC Charlotte Salomon, experienced wills and estates planning lawyer, with experience in real estate conveyancing and personal injury  ICBC disputes


If you have been treated unfairly by a deceased parent or spouse under the terms of his or her will, consider obtaining the advice and assistance of an experienced estate litigation lawyer.  Michael Mark, BA LLB, experienced wills  estates disputes  litigation lawyer based in Victoria BC Wills can be varied by the court to ensure adequate, just and equitable provision for a spouse or child of the deceased.

Challenging Provisions of a Will & Estate Litigation Wills Disputes

A child or spouse of a person who dies leaving a will can challenge the provisions of will and seek a variation pursuant to the Wills, Estates and Succession Act (which came into force in BC in 2014-03).

The court will consider whether, in all of the circumstances, the deceased person (testator) made adequate provision for the claimant under the terms of the will.  The considerations are wide and varied, but they include the nature of the relationship between the testator and the claimant, the size of the estate, and the relative needs of the other beneficiaries to the will.

Claims must be made within 180 days from issuance of probate of the will.

Probate is the process in which the executor of the will probates or proves the will to the court.  If a child or a spouse is not satisfied that the will makes adequate provision for him or her, legal advice ought to be obtained promptly so that legal action, if warranted, may be commenced in a timely way.

VICTORIA BC, WILLS & ESTATES DISPUTES LAWYERS

Michael Mark, BA LLB experienced wills / estates disputes - litigation lawyer in downtown Victoria BC with McConnan Bion O'Connor Peterson Law. Corp.

MICHAEL R. MARK,
BA, LL.B.

Preferred areas of practice in civil litigation include:  estate litigation / wills disputes, personal injury, commercial disputes and Canada Revenue Agency tax evasion charges.

Michael Mark has extensive experience in both civil litigation and in criminal litigation as a former Federal prosecutor in complex tax evasion prosecutions. 

Michael has practiced in Victoria since his admission to the Bar in 1991 and he became a principal at McConnan, Bion, O'Connor & Peterson Law Corporation in January 2000.  He is also a past executive member of the Victoria Bar Association.


Michael Mark, LLB - Estate Litigation / Wills Disputes Lawyer

McConnan Bion O'Connor Peterson Law Corp.
Suite #420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone  250-385-1383   
Toll free  1-888-385-1383
E-mail:  mmark@mcbop.com   Web Site:  McBOP.com
Street Map:  downtown Victoria location near Court House



photos of BC legislature buildings in Victoria, young children playing at great grandfathers birthday, Supreme court logo, and  cemetary grave stones in Victoria

B.C. Wills & Estates Disputes Litigation & Mediation Lawyers

Michael Mark, BA LLB, experienced wills / estates disputes  lawyer based in Victoria BC

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updated 2018.10.03