Yearly Archives: 2013

Legal Expenses to be Paid by the Estate in Committeeship Applications

In Vieira (Re), 2013 BCCA 420, [Vieira], the BC Court of Appeal commented on the circumstances in which an order for special costs would be made against the estate of an individual when an interested party …

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Graduated Taxation of Testamentary Trusts

A popular estate planning tool in Canada is under review by Canada’s Department of Finance as part of Economic Action Plan 2013.  

Currently, income from a testamentary trust, usually created by the deceased’s will, may be taxed at the …

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Wills and Estates Update – Notaries, Trusts and Probate

In a recent case heard before the Supreme Court of British Columbia, The Law Society of British Columbia v. MacDonald, 2013 BCSC 1204, the court provided helpful guidance on the scope of wills and estates services which notaries in …

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Walking Away from a Power of Attorney Instrument

We are often asked how a power of attorney instrument (“POA”) can be altered or revoked by the adult who made it.  There are also certain instances which cause a POA to be revoked, without any notice.

1.         Limits and …

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Power of Attorney Instruments for the Business Owner

Many individuals prepare an enduring power of attorney instrument (“EPOA”) as part of their estate plan.  It is a way to appoint a person to deal with your assets on your behalf, and can be used in the event of …

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Appointing A Standby Guardian For Your Child Under The New Family Law Act

BC’s new Family Law Act (the “Act”), in force since March 2013, permits a parent or other legal guardian of a child to appoint a standby guardian using prescribed Form 2, in anticipation of the parent or guardian’s permanent mental incapacity …

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Wills Estates and Succession Act Becomes Effective March 31, 2014

The BC government announced that the new Wills Estates and Succession Act (WESA) will become law effective March 31, 2014. The new legislation will replace most will and estate legislation in British Columbia with a consolidated statute. New probate rules and …

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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 …

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Primer on Probate

The B.C. Ministry of Justice defines a Grant of Probate as “an official confirmation given by the court that the person named as executor is the proper person to settle the estate. Financial institutions, when they hold any of the …

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When Does the Government Get My Property?

People often think that when a person passes away without a will and immediate family, their property will go to the government. This is not entirely correct. It can be the case that the property of a person who passes …

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