Aubrie Girou

The Default Position: What Happens to the Administration of Your Estate if Your Executor Dies?

In a Will, the executor appointment is one of the most carefully-considered decisions of the will-maker. It is a position of significant trust and responsibility.

But what happens if the intended executorship fails?

Scenario 1: The Deceased Executor Dies with

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Independent legal advice may fail to rebut the presumption of undue influence

In a previous blog post, Emily Clough discussed the British Columbia Supreme Court decision in Cowper-Smith v. Morgan, 2015 BCSC 1170, in which the sons of the deceased successfully set aside a joint tenancy between the deceased and

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Gifts to Your Adult Children — Does an Ex-spouse get Half?

It is not uncommon for parents to provide monetary gifts to their adult children. Parents may wish to help their child with a down payment on a property, or help pay out their child’s existing mortgage. Parents often consider these …

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Contested Committeeship: 11 Considerations Applied by the BC Supreme Court

When an individual has not planned for mental incapacity by preparing an enduring power of attorney instrument, representation agreement and/or advance directive, a committee application is typically required.

A committee is a person or institution appointed by the court to …

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