Proposed Changes Impacting Charitable Giving
Changes provide flexibility so that charitable donation tax credits can be used by the deceased or the deceased’s estate.
Should you appoint more than one person under an Enduring Power of Attorney?
Recent case illustrates the challenges that can arise when more than one person is appointed.
When are Couples Considered “Spouses”?
Recent case outlines objective and subjective factors for determining whether couples are spouses.
Does the Public Guardian and Trustee Charge Fees?
The PGT is partially funded by the fees it collects.
What happens when a beneficiary is criminally responsible for the deceased’s death?
Persons cannot benefit from their own crime, even through inheritance
Court clarifies WESA notice requirement
Dates of mailing notice of intended estate grant applications should be included in affidavits.
Court Upholds Effective Disinheritence
Court finds deceased had valid and rational reasons for leaving her son only a small amount
Court of Appeal in the position of a Trial Court in Wills Variation Appeals
Appellate courts not required to defer to trial judge except on oral testimony in wills variation cases
Revoking a Will – Destruction of a True Copy Not Sufficient
Detroying true copy does not revoke will when original known to be safe elsewhere.
BC Court of Appeal Considers Validity of Conditional Donation Made to Charity
Conditional donation found to be valid inter vivos gift.
Wills Variation – Estrangement Does Not Necessarily Negate Moral Duties
Recent BCSC case indicates estrangement does not necessarily negate the will-maker’s moral obligations to a spouse or children
Curing Deficiencies in a Will – Examples from Other Provinces
New provisions in WESA on curing deficiencies in a will are similar to those in Manitoba and Saskatchewan