Couple never lived together, but court finds they are “spouses” for BC Estate Law
The definition of spouse in BC’s Wills, Estates, and Succession Act says that two people are “spouses” if “they have lived with each other in ... Continued
Drafting a Will In Light of the Rule in Howe v. Earl of Dartmouth
When deciding how to distribute property under a will, a will-maker will sometimes wish to delay when those assets are transferred to a particular beneficiary, ... Continued
The Sensitive Issue of Burial
Issues surrounding the control of human remains and burial sites may involve substantial emotional, cultural, and legal issues. Most relevant provincial legislation across Canada gives ... Continued
Legal Trend: evidence of testamentary intent can ‘save’ otherwise invalid wills or gifts
Background The recently reported case of Bach Estate (Re)[1] is the first decision to rule on section 43 of the Wills, Estate and Succession Act[2] ... Continued
Probating a USA Will and BC Assets
Obtaining a grant of probate from the BC court provides assurance for anyone dealing with an estate that the deceased’s will is legally valid and ... Continued
The law on out of province Litigation Guardians in BC
Under the BC Supreme Court Civil Rules (“SCCR”) a proceeding brought by or against a person under legal disability must be started or defended by ... Continued
Which Jurisdiction’s laws will govern your estate?
Introduction In our globalized world, it is not uncommon for people to own property or have residences in multiple jurisdictions. The international aspect of a ... Continued
Case Comment – S.A. v MVHC, 2017 BCCA 2
This case provided rulings on a few key issues: Is an interest in a discretionary trust an asset? Yes. The interest has no legal value ... Continued
Executor Granted Disclosure of Legal Advice Given to Deceased Will-maker
Solicitor-client privilege is a legal principle that protects, or “privileges”, communications that involve the provision of legal advice between a lawyer and their client, and ... Continued
New BC Societies Act Roundtable – November 9, 2016
The new BC Societies Act will come into force on November 28, 2016, introducing major changes to the incorporation, membership and governance of societies in ... Continued
What Types of Assets do Courts Consider in Deciding Wills Variation Claims?
In British Columbia, courts have the ability to change a deceased’s will, if the court rules that the will fails to make “adequate provision” for ... Continued
Charitable Donation Planning in 2016
There have been a number of recent amendments and proposed amendments to the Income Tax Act that may significantly impact estate plans involving charitable gifts ... Continued