On June 17, 2016, Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), received Royal Assent. Those interested in or affected by medical assistance in dying (“MAID”) …
Keep readingIn 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 …
Keep readingIt 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 …
Keep readingWhen 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 …
Keep readingA Will is an important document. It allows a person to set out what they want to happen to their affairs after they die. The Will speaks for a person after that person is no longer alive to speak for …
Keep readingLand often forms a significant portion of the value of most estates in Canada, especially here in Vancouver. However, depending upon the nature of the land owned by the deceased, there may be unexpected liabilities associated with the administration of …
Keep readingIn two recent blog posts, we discussed the issues of using joint tenancies for estate planning. In Amanda Winters’ post she noted that joint tenancies are difficult to revoke if you change your mind. Emily Clough’s post discussed a case …
Keep readingWhen someone is declared mentally incapable under the law, a committee is appointed to make his or her personal or financial decisions. The committee is under a fiduciary duty to act in the patient’s best interests. Questions may arise: Should …
Keep readingJo Ann Carmichael Q.C. is the Group Leader of Alexander Holburn’s Family Practice Group. The Wills, Estates + Trusts Group works closely with Jo Ann and other lawyers in our Family Practice Group to advise our clients in complex estate …
Keep readingA 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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