SOURCE: Kushner Law

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October 27, 2016 10:00 ET

Vancouver Lawyers Explain Variation and Inter-Vivos Transfers

Vancouver lawyers release blog explaining how courts can account for gifts between living people

VANCOUVER, BC--(Marketwired - October 27, 2016) - Kushner Group, a team of lawyers based in Vancouver, posted a new article to their company website. Wills variation litigation involves parties who believe that they have been treated unfairly following the death of a spouse or parent. While the Wills Estates and Succession Act provides certain kinds of disappointed beneficiaries with an effective tool to remedy inequalities, the Court is limited in what it can do with respect to property that is transferred outside of the will. For more, go to: http://kushnerlaw.ca/bc-wills-variation-unfair-gifts-inter-vivos-transfers

An inter-vivos transfer is one of the most common ways that property is transferred outside a will.

The term inter-vivos transfer refers to a gift or transfer between living people. While the Court does have the jurisdiction to interfere with legitimate inter-vivos transfers on wills variation applications, the Court can also consider the effect of the transfer when determining how much a will should be varied-if at all.

In the decision of Haegedorn v. Haegedorn (2010 BCSC 836), the Court decided not to vary the will as a result of the inter-vivos transfers made during the lifetime of the will-maker:

[31] In the circumstances, I do not think the adjustment Robina made to the distribution could be said to be the act of an injudicious parent. She was attempting to even out the interests of the parties in an inheritance she saw, in broad terms, as including the share her mother had advanced to the plaintiff as a child. While there is a sense in which it could be said that she was considering something belonging to the plaintiff as weighing differently in the balance than the assets of her siblings, Robina's way of looking after the plaintiff's share of the property as an advance on the plaintiff's inheritance was a valid - that is based on fact - and rational basis on which to achieve her concept of fairness.

Anyone who believes they have been treated unfairly under a will by a spouse or parent should consult with a lawyer, who can explain the options and rights depending on individual circumstances. Schedule a consultation with the Vancouver lawyers at Kushner Group by calling 604-629-0432.

About the Company

The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.

Contact Information

  • Kushner Law Group
    Lars Kushner
    Phone 604-629-0432 Fax 604-689-4451
    Company website: http://kushnerlaw.ca/
    1008 Beach Ave #105