Yearly Archives: 2012

How to Safeguard the Assets of an Estate

Many people are familiar with the concept of being named the Executor of an Estate, but few are aware of the various statutory and common law obligations that come along with being named an Executor. One of the fundamental obligations …

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

Residence of a Trust

The Supreme Court of Canada recently ruled that, for income tax purposes, a trust (like a corporation) resides where its central control and management is located.  This case is referred to as Fundy Settlement.  Prior to Fundy Settlement, the …

Keep reading

Executors and Electronic Assets of the Estate

What happens to your Facebook, Google+, Twitter, Ebay, PayPal and other digital assets when you die? According to the current Canadian law, we do not know.

At the present time, neither the federal nor provincial legislatures have addressed this growing …

Keep reading

Storing and Protecting Your Estate Planning Documents

The only thing worse than dying without a will is dying with a will which cannot be located.

The location of your original will is important. There is only one original will – the one that is signed by the …

Keep reading

Wills Variation Act Reasons

If the testator’s spouse or child brings a claim before the Court to vary the testator’s will, Section 5 of the Wills Variation Act permits the Court to consider the testator’s reasons for making his/her dispositions in the will.

Although …

Keep reading

Changes to the Power of Attorney Act (BC)

Effective September 1, 2011, several changes were made to the Power of Attorney Act relating to Enduring Power of Attorney instruments (“EPOA”).  Some of the changes to be aware of are as follows:

1. EPOAs made prior to the new …

Keep reading

Judge awards additional $5.5 million to daughter in a Wills Variation Act case

On New Years’ Eve 2011, the BC Supreme Court ordered one of the largest awards under the Wills Variation Act.

The mother’s Last Will and Testament was made 18 years before her death.  The mother’s estate was valued at …

Keep reading

Estate Planning Pitfalls

You’ve thought about your estate plan.  You know how you want your assets distributed after your death.  Maybe you’ve even written a last will and testament.  So what could go wrong?  Here are a few key things to remember:

  1. Formalities
Keep reading

What if Your Will Has a Mistake?

This happens all the time – someone writes an e-mail with a typo, spell-check does not pick it up, and the email is sent out with a mistake in it.  When this happens in an email, it’s usually no problem.  …

Keep reading