November 17, 2016

BC Court of Appeal awards CBM client interest in home worth $1.6 million

Gene Fraser and Scott Payne recently appeared as counsel before the BC Court of Appeal and succeeded in defending a judgment following a BC Supreme Court trial.

The case concerned the ownership of a valuable Vancouver home that a widowed mother transferred to herself and one of her daughters as joint owners. After the mother passed away, the home passed to the daughter and consequently did not form part of the mother’s estate. As a result, the remaining beneficiaries of the mother’s estate, including CBM’s client, were deprived of the value of the home, which had been the most significant asset owned by the mother.

At trial in the BC Supreme Court, Gene Fraser successfully argued that the home was held on trust for the deceased mother and therefore formed part of the mother’s estate, to be distributed among her children and grandchildren as beneficiaries. With the assistance of Scott Payne, Gene Fraser convinced the BC Court of Appeal to uphold the trial decision. As a result, CBM’s client went from having no legal interest in the home to being entitled to a third of the home’s value, estimated as approximately $1.6 million.

Click HERE to read the BC Supreme Court decision

Click HERE to read the BC Court of Appeal decision.

If you or a family member are involved in a dispute regarding wills and estates, please feel free to review our Estate Litigation page and set up an appointment with a member of our Estate Litigation Team.