Bergler v. Odenthal, 2020 BCCA 175
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Newbury,The Honourable Mr. Justice Tysoe,The Honourable Mr. Justice Harris |
| Citation | 2020 BCCA 175 |
| Date | 23 June 2020 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA46548 |
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6 practice notes
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Sources of Rights
...64 Sask R 190 at para 9 (QB); Rufenack v Hope Mission , [2003] 3 WWR 161, 10 Alta LR (4th) 172 at para 125 (QB); Bergler v Odenthal , 2020 BCCA 175 at para 1. 154 Rouchefoucauld , above note 73. Sources of Right s 211 had not been for such promise the testator would not have made or would h......
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Table of Cases
...189 Behnke v Bede Shipping Co Ltd, [1927] 1 KB 649 ............................................. 218 Bergler v Odenthal, 2020 BCCA 175 .................................................................. 210 Berkheiser v Berkheiser, [1957] SCR 387, 7 DLR (2d) 721 .........................135,......
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2023 BCSC 989,
...by that person of the request that he or she will hold the property in trust for the stated person or purposes: Bergler v. Odenthal, 2020 BCCA 175. The Court cited Waters with approval to the effect that the communication is the most essential factor: “Once it is established, accepta......
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Just Say No: Acceptance of a Secret Trust in Bergler v Odenthal
...Beatty - Summer Student] In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the deceased's estate in trust for the deceased's ......
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2 cases
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2023 BCSC 989,
...by that person of the request that he or she will hold the property in trust for the stated person or purposes: Bergler v. Odenthal, 2020 BCCA 175. The Court cited Waters with approval to the effect that the communication is the most essential factor: “Once it is established, accepta......
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Armstrong v Kotanko,
...by that person of the request that he or she will hold the property in trust for the stated person or purposes: Bergler v. Odenthal, 2020 BCCA 175. The Court cited Waters with approval to the effect that the communication is the most essential factor: “Once it is established, accepta......
2 firm's commentaries
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Just Say No: Acceptance of a Secret Trust in Bergler v Odenthal
...Beatty - Summer Student] In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the deceased's estate in trust for the deceased's ......
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Just Say "No": Acceptance Of A Secret Trust In Bergler v Odenthal
...June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the deceased's estate in trust for the deceased's niece. The secret trust also sev......
2 books & journal articles
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Sources of Rights
...64 Sask R 190 at para 9 (QB); Rufenack v Hope Mission , [2003] 3 WWR 161, 10 Alta LR (4th) 172 at para 125 (QB); Bergler v Odenthal , 2020 BCCA 175 at para 1. 154 Rouchefoucauld , above note 73. Sources of Right s 211 had not been for such promise the testator would not have made or would h......
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Table of Cases
...189 Behnke v Bede Shipping Co Ltd, [1927] 1 KB 649 ............................................. 218 Bergler v Odenthal, 2020 BCCA 175 .................................................................. 210 Berkheiser v Berkheiser, [1957] SCR 387, 7 DLR (2d) 721 .........................135,......