Ingrid Tsui

Property Transfers and Taxes

It is a general rule that a sale of a capital asset (such as real property) will trigger tax in the hands of the seller on any gains. One exemption from this tax on capital gains which is widely used …

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Joint tenancy: Right of survivorship or resulting trust?

Transferring assets by way of joint tenancy is one of the most popular estate planning tools, given its relative ease and low cost of implementation. Assets which are held jointly are typically subject to a “right of survivorship”, meaning the …

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With Great Power Comes Great Responsibility: Enduring Power of Attorney Instruments and Statutory Duties of Attorneys

It is very common for people to prepare an Enduring Power of Attorney instrument (“EPOA”) as part of their estate plan. This allows an adult to designate an “attorney” to make financial and most legal decisions on behalf of the …

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Memorandum to a Will

A Memorandum to a Will is a separate document from the Will which may convey bequests, instructions or wishes to the Executor. A Memorandum to a Will may be either binding or non-binding.

A binding Memorandum may be incorporated by …

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Gifts to a Trust: “Pour-Over Clause”

A fairly recent precedent-setting BC case considers the validity of a gift in a Will to a testamentary trust (Kellogg Estate v. Kellogg, 2013 BCSC 2292).  The deceased’s Will included a “pour-over” clause, or a clause which …

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Does a Failed Tax Receipt Constitute Unjust Enrichment?

In the recently released decision Neville v National Foundation for Christian Leadership, 2014 BCCA 38 [Neville], the British Columbia Court of Appeal considered whether a failed tax receipt constitutes unjust enrichment. The Nevilles participated in a program …

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What is a Representation Agreement?

What is it?

A Representation Agreement allows you to appoint someone else to deal with your personal and medical decisions during your lifetime.

What powers can be granted?

There are two “categories” of powers: “standard provisions” and “non-standard provisions”.  You

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What does the term “issue” mean?

The BC Supreme Court was recently asked to interpret the meaning of the word “issue”, which is commonly used in Wills to provide gifts to subsequent generations of beneficiaries if a named beneficiary dies (Barnes Estate v. Barnes 2013

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Improper Use of a Power of Attorney Instrument: Re Sangha, 2013 BCSC 1965

Mr. Ranjit Sangha prepared several legal documents to plan for a potential mental incapacity.  This included an Enduring Power of Attorney Instrument appointing his daughter, Ms. Maya Sangha, along with two of his close friends and advisors as attorneys (the …

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Can a Signed Questionnaire be a Will?

The Supreme Court of BC recently found a Wills planning questionnaire could be considered to be the deceased’s Will (Garnett Estate v. Garnett Estate, 2013 BCSC 1731).  The deceased created a document in 2008 that was in …

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