Our Law Blog

Failure to consummate a marriage still valid grounds for annulment in BC

Divorce and annulment have the same result: dissolution of the marriage. However, both have different implications for how the prior marriage is treated. A divorce is considered “prospective” in that it affects the parties’ status in the future. A couple who obtains a divorce is no longer legally married to each other, but the law still recognizes that the parties were married at some point in the past. A couple who divorces may need to divide up their assets and deal with any spousal support obligations should they arise. An annulment is different in that it is “retroactive”. It applies to the couple’s status in the past and makes the couple’s marriage “void”. In this way, the law would treat the couple as if they had never married to begin with.

Read More
Wills & Cultural Considerations, Sons vs. Daughters: Can a Will be Changed or Altered After a Loved One Passes Away, Even if I Have Been Left Out for Cultural Reasons? The Answer is Yes. 

We are often asked by prospective clients who feel they have been disinherited or unfairly dealt with in a spouse or parent’s will, if there is anything that can be done about it. Specifically, our clients often want to know if there is some way in which the terms of a will can be changed after a loved one passes away. Depending on the circumstances and your relationship to the will maker, the answer is generally yes. This can even be the case where the loved one has their own motives or reasons for disinheriting someone, like cultural reasons. In this post, we explore a recent case where a court’s variation of such a will resulted in an increase of roughly $1,200,000 going to each of the children who were largely cut out of the will.

Read More