Vancouver Estate Lawyers Kushner Law Group Shares the importance of Ordinary Residence

VANCOUVER, BC—(Marketwired – September 29, 2017) – The estate lawyers at Kushner Group know jurisdiction can be important in many disputes, but in estate litigation it can critical when determining whether a disinherited child or spouse can contest for a variation of a will. For more, go to: http://kushnerlaw.ca/ordinary–residence–estate–litigation/

Under the Wills, Estates and Succession Act (“WESA”), a person must be an “ordinary resident” of British Columbia at the time of their death for WESA to apply. If a person is found not be an ordinary resident of British Columbia, the party seeking to bring a wills variation case may be stopped from doing so. In the decision of Cresswell v. Cresswell Estate, 2017 BCSC 178, the Honourable Mr. Justice Cole was asked to determine an issue of jurisdiction in an application brought by the Defendants.

The issue was the Deceased had resided in Alberta for most of her life, before moving to British Columbia in August 2014. In November of 2015, the Deceased was diagnosed with cancer and moved back to Alberta later that month where she remained until her death. At the time of death, the Deceased owned real property in BC and had bank accounts in both BC and Alberta.

Mr. Justice Cole came to the following conclusion:

[27] I am satisfied that the deceased had a settled intention to ordinarily reside in Alberta when she moved there on November 14, 2015 and took up residence at her sister's home. It is clear from the evidence that she intended to remain in Alberta to be around her family and although some of her comments that were transcribed by the plaintiff are inconsistent where she said, on November 19, 2015: “[t]hat's sad hopefully I will be back there in a few months”, referring to Westbank, and on January 14, 2016: “One last thing I love you please remember that”

Those comments must be taken in context to her impending death. It is clear that she was applying for Alberta medical coverage, she changed her mailing address on her Edmonton Royal Bank chequing account to that of her sister, she had a will drawn up in Edmonton to be governed by the laws in Alberta, and it is clear from the telephone messages that she wished to sell the home in Westbank.

Her contacting a lawyer and attempting to commence divorce proceedings shows her intention to separate from the plaintiff as was the January 9, 2016 text: “You said you were here for me and you are a liar. I want you out.”

Anyone involved in an estate dispute or issue related to estate litigation should seek professional counsel. Contact the Kushner Law Group today at 604–629–0432 or info@kushnerlaw.ca to schedule an appointment.

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.

Comments are closed

RSS Daily Times Nigeria

  • Daily Times Newspaper, Thursday, December 12, 2019
    Read Also: Buhari cares about senior citizens – PTAD boss The post Daily Times Newspaper, Thursday, December 12, 2019 appeared first on Daily Times Nigeria. Nigeria News from Nigeria Newspapers
  • Buhari cares about senior citizens – PTAD boss
    …Wants pensioners happy …Says pensioners to celebrate Christmas holidays in good mood President Muhammadu Buhari does not play with any issue concerning the welfare of senior citizens who have served the nation and retired as he believes that their services contributed a lot to the development and unity of the country. Executive Secretary of Pension […]
  • FG probes invasion of Justice Ojukwu’s courtroom
    The Federal Government has set up a committee to investigate the invasion of Justice Ifeoma Ojukwu’s courtroom by yet-to-be identified persons on December 6. The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), announced this on Wednesday in Abuja at the Federal High Court where he had gone to pay the […]
  • Senate to investigate PPPRA over N800bn road maintenance fund – Lawan
    President of the Senate, Ahmad Lawan, has said the Senate will investigate the Petroleum Products Pricing Regulatory Agency (PPPRA) over alleged non-remittance of N800 billion to the Federal Roads Maintenance Agency (FERMA) for the maintenance of roads across the country. Lawan stated this in his concluding remarks on a bill for an Act to Repeal […]

Weather for Abuja

[forecast]

RSS Vanguard News

  • Alleged video capture & killing of soldiers by Boko Haram is false – Army
    … says it’s the handiwork of IPOB By Kingsley Omonobi The Nigerian Army has described a trending video purporting that Boko Haram terrorists captured and killed several troops of Operation Lafiya Dole in the North East, as false and the handiwork of members of the outlawed Independent Peoples of Biafra. It said the video is […]
  • NUC Visiting Registrar tasks FCE registry staff on excellence
    THE Visiting Registrar/Scholar, National Universities Commission, NUC, Mr Olujimi Olukoya, has urged registry staff of the Federal College of Education, Technical, Yaba, Lagos to identify catalysts for excellence and imbibe them if they want to go far in their chosen fields. Continue reading NUC Visiting Registrar tasks FCE registry staff on excellence at Vanguard News.
  • FG should use National Health Act to fast track UHC — Anthropologist
    Mrs. Abieyuwa Abel, a Social Anthropologist, has called on the Federal Government to use the National Health Act (NHA), 2014, to fast track Universal Health Coverage (UHC) in Nigeria. Abel made the call in an interview with the News Agency of Nigeria (NAN), on Wednesday in Abuja. She was speaking ahead of the commemoration of […]

© 2019 Nigeria Newsline. All Rights Reserved. Log in -