Online Practice Manuals

Herbach v. Herbach Estate

• 2018 BCSC 1459 (Chambers)
  • Go to CanLII for full text
• 2019 BCCA 370
  • Go to CanLII for full text

The above case is referenced within:

1. 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]
       • 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]
       • A. Pecore v. Pecore: Legal Consequences of a Transfer into Joint Tenancy [§8.3]
     • III. How to Establish the Transferor’s Intent at the Time of Transfer [§8.6]
2. 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]
       • C. Devolution of Pensions and Retirement Plans [§2.30]
         • 2. Legal and Equitable Entitlement (Designation of Beneficiary) [§2.32]
3. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 10. Wills Variation Claims
     • II. Jurisdictional Issues in Wills Variation Claims [§10.2]
       • B. Assets Subject to a Wills Variation Order [§10.4]
   • Chapter 15. Resulting Trusts, Unjust Enrichment, Constructive Trusts, and Secret Trusts
     • II. Resulting Trusts [§15.2]
       • D. Real Property and the Presumption of Resulting Trust [§15.13]
         • 3. Real Property: Cases Where Presumption of Resulting Trust Rebutted [§15.16]
           • a. Gifting the Right of Survivorship [§15.17]
4. Wills and Personal Planning Precedents: An Annotated Guide (Current to: June 15 2022)
   • Chapter 35. Jointly Owned Property
     • I. Introduction to Joint Ownership Documents [§35.1]