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Kaan D. Alkin on Muck Rack

Kaan D. Alkin

As seen in: Mondaq
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Articles

Heirs' Rights After Divorce: Ex-Spouses In Estate Litigation: Carswell v. Engle Estate (2018 BCCA) And The Wills, Estates And Succession Act S. 60

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By Kaan D. Alkin, Alina Gdaniec
| Mondaq
Can an ex-spouse bring a claim to vary their ex-spouse's will? The B.C. Court of Appeal dealt with this question in Carswell v. Engle Estate, 2018 BCCA 164. Can an ex-spouse bring a claim to vary their ex-spouse's will? The B.C. Court of Appeal dealt with this question in Carswell v. Engle Estate, 2018 BCCA 164. Section 60 of the Wills, Estates and Succession Act ("WESA") offers a mechanism whereby certain people can apply to court for variation of a deceased person's will.
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Is There Still Testamentary Autonomy?

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By Kaan D. Alkin
| Mondaq
Can someone really leave their estate to anyone they choose? The recent McCrone v. Henry Estate case raises important questions about testamentary autonomy and undue influence. McCrone v. Henry Estate, 2025 BCSC 1076 [McCrone] presents an interesting set of facts where a will-maker, following the death of her husband, allegedly engaged the services of various male escorts for the purpose of companionship and sexual services.
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Competing To Control The Sale Of Co-Owned Properties

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By Kaan D. Alkin, Micah Goldberg
| Mondaq
In the recent decision of Athwal v. Athwal, 2025 BCSC 685 [Athwal], the petitioners tried to force the sale of a jointly owned property based in Richmond, BC. The property itself was jointly owned by three family members. Initially, after two of the family members started legal proceedings to force the sale of the property, one of the family members resisted the sale. However, some time later, the resisting family member changed their minds and agreed to sell the property.
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