Williams v. Williams Estate, 2018 BCSC 711

JurisdictionBritish Columbia
JudgeHonourable Madam Justice Marzari
Citation2018 BCSC 711
Date02 May 2018
CourtSupreme Court of British Columbia (Canada)
Docket NumberS140719
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6 practice notes
  • Bostrom v. Bigford, 2019 BCSC 79
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 24 Enero 2019
    ...no gift where the transfer was under undue influence: Brown v. Manuch Estate, 2015 BCSC 1966 at para. 152; Williams v. Williams Estate, 2018 BCSC 711 at paras. 166-170. A presumption of undue influence arises where the relationship between the parties gives rise to the potential of dominati......
  • Chung v. Chung, 2022 BCSC 1396
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 15 Agosto 2022
    ...to which a specific beneficiary has been designated such as RRSPs, RRIFs, and insurance policies.” In Williams v. Williams Estate, 2018 BCSC 711, Justice Marzari applied the presumption of a resulting trust to an RRIF, RIF, and TFSA for which the deceased’s son was listed as t......
  • Does The "Presumption Of Resulting Trust" Apply To Beneficiary Designations?
    • Canada
    • Mondaq Canada
    • 1 Noviembre 2022
    ...the estate. Such an approach has been consistently followed by the Court: Re Stade Estate, 2017 BCSC 2354; Williams v. Williams Estate, 2018 BCSC 711. In the recent case of Simard v. Simard Estate, 2021 BCSC 1836, the Pecore analysis was again applied to RRIFs and a TFSA with designated ben......
  • Campbell Estate (Re), 2022 BCSC 2184
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 14 Diciembre 2022
    ...death. [Emphasis added.] [204]    At para. 85 of Kolic, Punnet J. referred to Williams v. Williams Estate, 2018 BCSC 711 [Williams], where Justice Marzari summarized several possible [87]        With respect to joint accounts, Pecore (s......
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5 cases
  • Bostrom v. Bigford, 2019 BCSC 79
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 24 Enero 2019
    ...no gift where the transfer was under undue influence: Brown v. Manuch Estate, 2015 BCSC 1966 at para. 152; Williams v. Williams Estate, 2018 BCSC 711 at paras. 166-170. A presumption of undue influence arises where the relationship between the parties gives rise to the potential of dominati......
  • Chung v. Chung,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 15 Agosto 2022
    ...to which a specific beneficiary has been designated such as RRSPs, RRIFs, and insurance policies.” In Williams v. Williams Estate, 2018 BCSC 711, Justice Marzari applied the presumption of a resulting trust to an RRIF, RIF, and TFSA for which the deceased’s son was listed as t......
  • Campbell Estate (Re),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 14 Diciembre 2022
    ...death. [Emphasis added.] [204]    At para. 85 of Kolic, Punnet J. referred to Williams v. Williams Estate, 2018 BCSC 711 [Williams], where Justice Marzari summarized several possible [87]        With respect to joint accounts, Pecore (s......
  • Young v. Veselic,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 15 Diciembre 2022
    ...joint account, to the extent that such evidence helps in determining the original intention of the donor: Williams v. Williams Estate, 2018 BCSC 711, para. 90.    [13]       There was much evidence as to the Testatrix’s complaints about th......
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1 firm's commentaries
  • Does The "Presumption Of Resulting Trust" Apply To Beneficiary Designations?
    • Canada
    • Mondaq Canada
    • 1 Noviembre 2022
    ...the estate. Such an approach has been consistently followed by the Court: Re Stade Estate, 2017 BCSC 2354; Williams v. Williams Estate, 2018 BCSC 711. In the recent case of Simard v. Simard Estate, 2021 BCSC 1836, the Pecore analysis was again applied to RRIFs and a TFSA with designated ben......

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