Dianna Hwang

Can you Force a Person to Attend a Mental Competency Assessment?

The law presumes that an adult is capable.  Section 3(1) of the Adult Guardianship Act, R.S.B.C. 1996, c.6 provides:

3(1) Until the contrary is demonstrated, every adult is presumed to be capable of making decisions about the adult’s personal …

Keep reading

Executor’s Duty of Neutrality

The executor’s duty to beneficiaries of a will, both specified and potential, is to be neutral.  This was confirmed in the recent case of Ketcham v. Walton, 2012 BCSC 175. 

In Ketcham, the testator had disinherited his children, …

Keep reading

Why Make a Will?

It’s a decision most of us will face sometime in our lives: whether or not to leave a will.  Some people choose not to leave a will, dissuaded by the expense or effort of writing a will.  Some people may …

Keep reading