Online Practice Manuals

Doucette v. McInnes

• 2006 BCSC 1657 (Master)
  • Go to CanLII for full text
• 2007 BCSC 1021
  • Go to CanLII for full text
• 2012 BCCA 235 (Chambers)
  • Go to CanLII for full text
• 2008 BCSC 506
  • Go to CanLII for full text
• 2009 BCCA 393
  • Go to CanLII for full text
• 2012 BCCA 235 (Chambers)
  • Go to CanLII for full text

The above case is referenced within:

1. Annotated Estates Practice (Current to: January 01 2024)
   • Chapter 1. Wills, Estates and Succession Act—Annotated
     • LXXXIII. Maintenance from estate [§1.68]
     • CLX. Effect of representation grant [§1.133]
     • CLXXVIII. Proceedings by and against estate [§1.147]
2. British Columbia Estate Planning and Wealth Preservation (Current to: February 15 2023)
   • Chapter 7. Protecting the Estate Plan Against Challenges
     • II. Planning for Wills Variation [§7.2]
       • B. Wills Variation Principles Relevant to Estate Planners [§7.4]
         • 2. Wills Variation Applications by Children [§7.6]
           • b. Considerations on Applications by Adult Independent Children [§7.8]
         • 4. What Does the Court Consider When Determining Whether Provisions Are “Adequate, Just and Equitable”? [§7.10]
         • 6. Can a Will-maker Exclude Application of the Wills Variation Provisions? [§7.12]
       • C. Limitations to Avoiding Wills Variation Actions [§7.14]
         • 1. Assets Falling Outside the Estate [§7.15]
   • Chapter 8. Joint Tenancies in Estate Planning
     • II. Judicial Treatment of Joint Tenancies [§8.2]
       • C. Evidence the Court Considers to Determine the Transferor’s Intent [§8.5]
3. British Columbia Probate and Estate Administration Practice Manual (Current to: January 15 2023)
   • Chapter 2. Devolution of Assets on Death
     • III. Assets that Do Not Pass to the Personal Representative [§2.5]
       • A. Devolution of Joint Tenancies [§2.6]
         • 1. Characteristics of Joint Tenancies [§2.7]
           • b. Legal and Equitable Ownership [§2.9]
             • iv. Application of the Presumptions and Other Evidentiary Issues [§2.13]
         • 3. Standing to Challenge Joint Tenancies [§2.20]
   • Chapter 9. Applications and Disputes in the Course of Estate Administration: The Executor’s Perspective
     • VI. Wills Variation Claims [§9.43]
       • C. Executor’s Role at Trial in a Wills Variation Proceeding [§9.46]
   • Chapter 17. Remuneration of Lawyers in Estate Administration
     • V. Lawyer Fees in Estate Administration [§17.7]
4. Civil Appeal Handbook (Current to: January 01 2023)
   • Chapter 7. Post-hearing Matters
     • III. Costs in the Court of Appeal [§7.22]
       • D. Costs of the Appeal [§7.26]
         • 1. The “Usual” Rule on Costs in the Court of Appeal [§7.27]
         • 2. Other Costs Orders in the Court of Appeal [§7.28]
           • g. Estates and Trusts Matters [§7.35]
5. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 10. Wills Variation Claims
     • V. Evidentiary Issues in a Wills Variation Proceeding [§10.23]
       • B. Written Statement in a Wills Variation Proceeding [§10.25]
     • VI. Post-judgment Procedural Issues in a Wills Variation Proceeding [§10.31]
       • D. Costs of Executor in a Wills Variation Proceeding [§10.35]
     • VII. Duty to Make Adequate, Just, and Equitable Provision in a Will [§10.41]
       • D. Specific Considerations in Wills Variation Claims by Children [§10.55]
         • 1. Estrangement in Wills Variation Claims [§10.56]
         • 2. Unhappy Relationship with or Neglect of the Parent in Wills Variation Claims [§10.57]
   • Chapter 15. Resulting Trusts, Unjust Enrichment, Constructive Trusts, and Secret Trusts
     • II. Resulting Trusts [§15.2]
       • E. Personal Property in Resulting Trust Claims [§15.18]
         • 2. Personal Property: Cases Where Presumption of Resulting Trust Rebutted [§15.20]