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 …Keep reading
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 …Keep reading
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 …Keep reading
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 …Keep reading
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 …Keep reading
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 …Keep reading