Can an Executor be Required to Fight a Wills Variation Claim?
Executors often find themselves unsure of how to carry out the terms of a will. This can result from a lack of clarity in the ... Continued
A New Incapacity Planning Tool: The Advance Directive
In 2011, the Health Care (Consent) and Care Facility (Admission) Act (the “Act”) was amended to provide adults with the opportunity to plan for their ... Continued
Availability of Estate Planning Tools Confirmed by Court of Appeal
As referenced in our earlier article, Avoiding Wills Variation Claims: How Far is Too Far?, the Wills Variation Act (“WVA”) permits spouses or children of ... Continued
Wills Variation and Modern Canadian Values
British Columbia introduced dependant relief legislation in 1920 and despite varying interpretations by the courts over time, the legislation itself has remained substantially the same ... Continued
New Insurance Product for Lay Executors
Earlier this year, a new insurance product, ERAssure was launched and is now available in BC. While errors and omissions insurance has long been available ... Continued
Legislative Changes Impact Incapacity Planning
In 2007, the provincial government introduced the Adult Guardianship and Planning Statutes Amendment Act which has subsequently been amended several times. Parts of that Act ... Continued
Court’s Discretion to Correct Wills Enhanced Under New Act
British Columbia’s Wills Act contains many technical requirements for executing a will. While these rules are designed to protect against fraud, they can also create ... Continued
Supreme Court of Canada Clarifies Unjust Enrichment Principles
The Supreme Court of Canada has recently released an important decision which caps a recent trend to expand the meaning of “juristic reason” in the ... Continued
A Gift that Lasts
When does a gift take effect? Is it enough to tell a friend or relative that you give them your car or your shares in ... Continued
Avoiding Wills Variation Claims: How Far is Too Far?
Under the Wills Variation Act (WVA), a spouse or child of a deceased person who has left a will can petition the court to vary ... Continued
Spousal Transfer can Lead to Tax Pitfall
The recent BC Court of Appeal decision in Zeitler v. Zeitler Estate, 2010 BCCA 216 illustrates why tax consequences must be thought through carefully even ... Continued
Unjust Enrichment and Estate Claims
Typically, when a spouse or child has not been adequately provided for under a testator’s will, the remedy has been to make a claim under ... Continued