Alexander Holburn

Bill C-14: Are you eligible for medically-assisted death?

On June 17, 2016, Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), received Royal Assent. Those interested in or affected by medical assistance in dying (“MAID”) …

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SECTION 58 OF WESA: What if a Will is not properly signed or witnessed?

A Will is an important document. It allows a person to set out what they want to happen to their affairs after they die. The Will speaks for a person after that person is no longer alive to speak for …

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Undue Influence and Independent Legal Advice: a recent case study

In two recent blog posts, we discussed the issues of using joint tenancies for estate planning. In Amanda Winters’ post she noted that joint tenancies are difficult to revoke if you change your mind. Emily Clough’s post discussed a case

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Considerations for the sale of a patient’s home by a Committee: Bronson v. Coates, 2015 BCSC 1207

When someone is declared mentally incapable under the law, a committee is appointed to make his or her personal or financial decisions. The committee is under a fiduciary duty to act in the patient’s best interests. Questions may arise: Should …

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Courts frown on Executors using Estate funds to defend their personal interests

When administering an estate, the Executor has a duty to remain a neutral representative of the estate. Administering an estate often involves financial expenses, including professional fees for lawyers and accountants. The law recognizes that reasonable professional fees for lawyers …

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Assisted Suicide: Carter, Bentley and the law of end-of-life decision-making

“It is a crime in Canada to assist another person in ending her own life.  As a result, people who are grievously and irremediably ill cannot seek a physician’s assistance in dying and may be condemned to a life of

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Trust Protectors

Over the past few years, Canadian courts have started taking note of the existence of trust protectors. Despite comments from a certain Saskatchewan judge in 2009 (“As indicated, the term “trust protector” is foreign to me…”[1]), recognition of trust protectors …

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Joint Tenancy – The Difficulties Continue

In July, 2014, Amanda Winters posted on our blog about joint tenancies.  She noted some of the difficulties that can arise in using joint tenancies as an estate planning tool.  At our offices, we have noticed that issues with …

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Trustees Take Note – Context is Key when Interpreting a Settlor’s Intention; Broad Discretion is Not a Shield

In July of this year, the B.C. Court of Appeal released its decision in Miles v. Vince, 2014 BCCA 289. The court removed and replaced a lay trustee for failing to meet the “prudent investor” standard set out in …

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Joint Tenancy – The (Not So) Easy Estate Planning Tool

If you own a home, a recreational property, or some other piece of real property, what is the best way to deal with it in your estate plan? Many people choose to add their spouse or children on title of …

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