Aubrie Girou

Society of Notaries Public of British Columbia v. Law Society of British Columbia: Affirming the Limits to the Legislated Authority of Notaries to Draft Wills

In the fairly recent appellate court decision, Society of Notaries Public of British Columbia v. Law Society of British Columbia, 2017 BCCA 448, BC’s highest court was faced with the question: What are notaries allowed to draft when it …

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Executor found liable for ducking her obligations

In the recent B.C. Court of Appeal decision in Wade v Duck, 2018 BCCA 176, the Court held the former personal representative of the deceased’s estate personally liable for the deterioration of estate property and jointly and severally …

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Found Money!

Did you know…[1]

Did you know that both the BC Unclaimed Property Society and the Bank of Canada have free, searchable databases?

BC Unclaimed Property Society: https://unclaimedpropertybc.ca/searchp/search/

Bank of Canada: https://www.bankofcanada.ca/unclaimed-balances/

Dormant funds from credit union accounts, forgotten insurance …

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Settled Property and the Issue of Photocopying Money

Did you know…[1]

Photocopying money risks criminal and civil sanctions. So what to do if making file copies of a trust settled with a $10, $20, $50, or $100 dollar bill? Can you copy or scan the settled property?…

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A Promise is a Promise: Proprietary Estoppel at the Supreme Court of Canada

In December 2017, the Supreme Court of Canada released its decision in Cowper-Smith v. Morgan, 2017 SCC 61, clarifying how a promise relating to an interest in property may be enforced through the equitable doctrine of proprietary estoppel — …

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Signing Documents using a Power of Attorney

Did you know…[1]

If you are appointed as an attorney under a power of attorney instrument, any documents you sign in your capacity as an attorney should be signed with the name of the adult who gave the power …

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Corporate mistake: BC Supreme Court declines to permit retroactive tax planning

The B.C. Supreme Court recently concluded that failing to complete a transaction in the most tax efficient manner is not a “corporate mistake” that can be remedied under the Business Corporations Act[1] (the “Act”).

In Greither Estate v. Canada

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He was “Just There”: Predatory marriage declared void in BC due to incapacity

The decision in the precedent-setting case of Devore-Thompson v. Poulain, 2017 BCSC 1289, was released July 24, 2017. It marks the first reported case in British Columbia in which the Court has set aside a marriage due to incapacity.…

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To disclose or not to disclose: Jointly-held assets and the personal representative’s obligations

Only assets that fall within an estate are subject to probate fees. It follows then, that assets held in joint tenancy that pass outside of the estate due to the operation of the right of survivorship do not require disclosure …

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Broken heart, lost trust: Trust planning that fails to account for family realities

One reason parents place assets into a corporate trust structure may be to reduce the amount of tax paid on such assets while preserving a specific estate plan. An alternative reason may be to protect their family assets from potential …

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