How has the court in BC considered a disposition of assets before death as an estate planning tool?
British Columbia, Canada
The following excerpt is from Volovsek v Donaldson, 2019 BCSC 1820 (CanLII):
With respect to the statutory regime concerning wills and estate planning, the courts have recognised that a disposition of assets before death removes those assets from a possible wills variation claim and it is a legitimate estate planning tool: Mordo v. Nitting, 2006 BCSC 1761.
In Usher v. Larabee, 2010 BCSC 1608, two adult children sued their mother for a declaration that she held her estate in trust for them and the setting aside of an alter ego trust. Hyslop J. noted the legitimacy of alter ego trusts:
It is not disputed that alter ego trusts are standard estate planning tools used to achieve estate planning objectives: Mordo v. Nitting et al, 2006 BCSC 1761.
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