Shedding light on the Court’s role in adult guardianship matters
As the population ages, we see more adults in need of assistance to manage their financial affairs or personal care decisions. As lawyers, we are ... Continued
What is a Fiduciary and When do You Become One?
You may have heard the term “fiduciary” many times, but what does it mean exactly? The term “fiduciary” originates from the Latin word fiduciarius, meaning ... Continued
Severing Joint Tenancy Through a Course of Dealing
Joint tenancy is one method by which two or more persons may hold land or other property. The unique feature of holding property as joint ... Continued
Executors and Corporate Remedies
Not uncommonly, Executors (or Administrators) find themselves in the position of a minority shareholder of a private company. For example, the deceased may have had ... Continued
How Does the Court Interpret An Unclear Will?
In an ideal world, all people would have a clear and unambiguous will in place at the time of their death; however, this is not ... Continued
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