Wills are intended to govern the distribution of an estate, keeping in mind the wishes and intention of the will-maker. As a general rule, a will-maker may distribute their estate as they see fit and the courts recognize this principle of “testamentary autonomy”. However, this right is not absolute. In British Columbia, the courts can vary a testator’s wishes where ...
Developers frequently want to impose ongoing restrictions on purchasers. Purchasers want their properties free of restrictions. This tension has led to significant uncertainty (since the B.C. Court of Appeal’s decision in 585582 B.C. Ltd. v Anderson[1]) about the enforceability of restrictive covenants requiring future commercial agreements.
This decision ...
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