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
Tax issues in estate planning
Lawyers practicing in will and estate planning benefit from also having an understanding of basic tax considerations in order to prepare an effective plan, administer ... Continued
Will a marriage agreement stop a court from varying a will?
For almost 100 years, we have had legislation in BC that allows a court to vary a will to cause a larger part of the ... 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
Multiple wills can protect business owners from extra probate fees
Probate is a court process that confirms the validity of a will and the executor’s authority to act under it. Business owners can protect themselves ... Continued
Warm welcome to Cathie Brayley
We are happy to welcome Cathie Brayley as a partner with our Tax group. Over her 32-year career, Cathie has guided clients through all types ... 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
The Executor’s Year
For those involved in estate administration there is, from time to time, reference made to the “executor’s year.” The following will discuss two questions which ... 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
Government of Canada releases first Interim Report on Medical Assistance in Dying
The federal government recognizes that, for all Canadians, medical assistance in dying is a difficult and deeply personal issue. It is important to defend people’s ... Continued
Innovative seminar well-received by trial lawyers
Amy Mortimore and Mark Weintraub, Q.C., chaired the Trial Lawyers Association’s professional development seminar on estate litigation on April 7, 2017. Amy and Mark’s approach blended ... Continued
Another leading case by our estates team: Court Confirms Multiple Wills for Business Owners
We recently acted in the first BC court case to confirm that multiple wills may be used to reduce probate taxes for business owners. We ... Continued