Kellogg Estate, Re, 2013 BCSC 2292
| Jurisdiction | British Columbia |
| Judge | Gray, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Subject Matter | WILLS |
| Citation | 2013 BCSC 2292,[2013] B.C.T.C. Uned. 2292 (SC),[2013] B.C.T.C. Uned. 2292 |
| Date | 12 December 2013 |
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8 practice notes
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Kellogg Estate, Re, [2014] B.C.T.C. Uned. 2056
...of the order. [2] The reasons for judgment on the Petition ("Petition Reasons") were released on December 12, 2013. They are indexed at 2013 BCSC 2292. The style of cause and some references to the parties' positions and the effect of an intestacy were corrected in reasons for judgment rele......
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Kellogg Estate, Re, [2014] B.C.T.C. Uned. 1556 (SC)
...and Order INTRODUCTION [1] Gray, J. : The reasons for judgment on the Petition were released on December 12, 2013. They are indexed at 2013 BCSC 2292. The style of cause and some references to the parties' positions and the effect of an intestacy were corrected in reasons for judgment relea......
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Gifts To A Trust: 'Pour-Over Clause'
...fairly recent precedent-setting BC case considers the validity of a gift in a Will to a testamentary trust (Kellogg Estate v. Kellogg, 2013 BCSC 2292). The deceased's Will included a "pour-over" clause, or a clause which purports to make a gift to an existing trust. The Court reported that ......
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Wills Causing Spills: Caution ' Pour-Over Clauses Are Void In B.C.
...be amended or revoked voids a pour-over clause completely, clarifying the British Columbia Supreme Court's decision in Kellogg Estate, 2013 BCSC 2292, which suggested that such a clause is only void if the pre-existing trust was actually amended. More recently, in Waslenchuk Estate, 2020 BC......
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5 cases
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Kellogg Estate, Re, [2014] B.C.T.C. Uned. 2056
...of the order. [2] The reasons for judgment on the Petition ("Petition Reasons") were released on December 12, 2013. They are indexed at 2013 BCSC 2292. The style of cause and some references to the parties' positions and the effect of an intestacy were corrected in reasons for judgment rele......
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Kellogg Estate, Re, [2014] B.C.T.C. Uned. 1556 (SC)
...and Order INTRODUCTION [1] Gray, J. : The reasons for judgment on the Petition were released on December 12, 2013. They are indexed at 2013 BCSC 2292. The style of cause and some references to the parties' positions and the effect of an intestacy were corrected in reasons for judgment relea......
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Kellogg Estate, Re, 2014 BCCA 128
...Re (2013), 346 B.C.A.C. 36 ; 592 W.A.C. 36 ; 2013 BCCA 470 , refd to. [para. 8]. Kellogg Estate, Re, [2013] B.C.T.C. Uned. 2292 ; 2013 BCSC 2292, refd to. [para. Statutes Noticed: Estate Administration Act, R.S.B.C. 1996, c. 122, sect. 25 [para. 16]. Counsel: The appellant appeared on......
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Quinn Estate v. Rydland, 2019 BCCA 91
...the extensive review of wills, estates and succession law that presaged the enactment of WESA. [30] Justice Gray in Kellogg Estate (Re), 2013 BCSC 2292, declined to recognize the doctrine of facts of independent significance in the context of a pour-over clause as part of the law in this pr......
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3 firm's commentaries
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Gifts To A Trust: 'Pour-Over Clause'
...fairly recent precedent-setting BC case considers the validity of a gift in a Will to a testamentary trust (Kellogg Estate v. Kellogg, 2013 BCSC 2292). The deceased's Will included a "pour-over" clause, or a clause which purports to make a gift to an existing trust. The Court reported that ......
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Recent Changes to Pour Over Rules
...including the prior decision of the Supreme Court in Quinn, 2018 BCSC 365, and the 2013 decision of the Supreme Court in Kellogg Estate, 2013 BCSC 2292, could be read as suggesting that such a clause would be invalid only if the inter vivos trust was actually amended after the will was made......
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Wills Causing Spills: Caution ' Pour-Over Clauses Are Void In B.C.
...be amended or revoked voids a pour-over clause completely, clarifying the British Columbia Supreme Court's decision in Kellogg Estate, 2013 BCSC 2292, which suggested that such a clause is only void if the pre-existing trust was actually amended. More recently, in Waslenchuk Estate, 2020 BC......