Quinn Estate v. Rydland, 2019 BCCA 91

JudgeThe Honourable Chief Justice Bauman; The Honourable Madam Justice Garson; The Honourable Mr. Justice Willcock
CourtCourt of Appeal (British Columbia)
Case DateMarch 14, 2019
JurisdictionBritish Columbia
Citations2019 BCCA 91
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5 practice notes
  • Stopping The Flow ' A Look At Pour-Over Trusts In Canada
    • Canada
    • Mondaq Canada
    • December 9, 2022
    ...Trusts practice group for advice. Footnotes 1. Wills and Succession Act, SA 2010, c W-12.2 at ss 15, 22(1)(b). 2. Quinn Estate v Rydland, 2019 BCCA 91. [Quinn Estate] 3. Wills Act, RSBC 1996, c. 464. 4. Quinn Estate, supra note 2 at para 16. 5. Ibid at para 17. 6. Wills, Estates and Success......
  • Recent Changes to Pour Over Rules
    • Canada
    • Mondaq Canada
    • July 26, 2019
    ...to alert you to this decision so that you can review your will and determine whether changes are required. The decision in Quinn Estate, 2019 BCCA 91, relates to the estate of Pat Quinn, the well-known hockey player, coach and general manager. Mr. Quinn included a clause in his will gifting......
  • Thomson v. Drysdale Bacon McStravick LLP,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 26, 2021
    ...dispositions. [76]        The court of appeal considered and upheld the chambers judgement at 2019 BCCA 91. At para. 37, it [37]      I respectfully agree. That s. 58 is inapplicable here is made stark when we ask what “......
  • Vilenski v. Weinrib-Wolfman,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 6, 2022
    ...of the Estate to be paid/transferred into an inter-vivos Trust.  [14]        In Quinn Estate, 2019 BCCA 91, the British Columbia Court of Appeal considered the perceived problem with pour over [16] Against this backdrop, there are two problems with th......
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3 cases
  • Thomson v. Drysdale Bacon McStravick LLP,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 26, 2021
    ...dispositions. [76]        The court of appeal considered and upheld the chambers judgement at 2019 BCCA 91. At para. 37, it [37]      I respectfully agree. That s. 58 is inapplicable here is made stark when we ask what “......
  • Royal Trust Corporation of Canada v. Horner,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 9, 2022
    ...it cannot be cured by s. 58 of the WESA (Waslenchuk Estate, 2020 BCSC 1929, at paras. 83 and 115 to 116; and Quinn Estate v. Rydland, 2019 BCCA 91, at paras. 36 to [33]        Furthermore, it seems to me that the UH Trust Deed of Appointment would not be s......
  • Vilenski v. Weinrib-Wolfman,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 6, 2022
    ...of the Estate to be paid/transferred into an inter-vivos Trust.  [14]        In Quinn Estate, 2019 BCCA 91, the British Columbia Court of Appeal considered the perceived problem with pour over [16] Against this backdrop, there are two problems with th......
3 firm's commentaries
  • Stopping The Flow ' A Look At Pour-Over Trusts In Canada
    • Canada
    • Mondaq Canada
    • December 9, 2022
    ...Trusts practice group for advice. Footnotes 1. Wills and Succession Act, SA 2010, c W-12.2 at ss 15, 22(1)(b). 2. Quinn Estate v Rydland, 2019 BCCA 91. [Quinn Estate] 3. Wills Act, RSBC 1996, c. 464. 4. Quinn Estate, supra note 2 at para 16. 5. Ibid at para 17. 6. Wills, Estates and Success......
  • Wills Causing Spills: Caution ' Pour-Over Clauses Are Void In B.C.
    • Canada
    • Mondaq Canada
    • July 7, 2023
    ...planning tool is relatively common. As discussed in a previous Clark Wilson article, the British Columbia Court of Appeal in Quinn Estate, 2019 BCCA 91, held that a pour-over clause in a will to an amendable or revocable trust is invalid. This is because in British Columbia executing a will......
  • Recent Changes to Pour Over Rules
    • Canada
    • Mondaq Canada
    • July 26, 2019
    ...to alert you to this decision so that you can review your will and determine whether changes are required. The decision in Quinn Estate, 2019 BCCA 91, relates to the estate of Pat Quinn, the well-known hockey player, coach and general manager. Mr. Quinn included a clause in his will gifting......

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