Yearly Archives: 2014

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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Joint Tenancy – The Difficulties Continue

In July, 2014, Amanda Winters posted on our blog about joint tenancies.  She noted some of the difficulties that can arise in using joint tenancies as an estate planning tool.  At our offices, we have noticed that issues with …

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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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Trustees Take Note – Context is Key when Interpreting a Settlor’s Intention; Broad Discretion is Not a Shield

In July of this year, the B.C. Court of Appeal released its decision in Miles v. Vince, 2014 BCCA 289. The court removed and replaced a lay trustee for failing to meet the “prudent investor” standard set out in …

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Have You Planned For Your Digital Legacy?

As estate planners, we often receive confessions from our clients that they had a tough time getting the motivation to have their estate plans drawn up. There seems to be an inherent inertia which affects most people when they turn …

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Joint Tenancy – The (Not So) Easy Estate Planning Tool

If you own a home, a recreational property, or some other piece of real property, what is the best way to deal with it in your estate plan? Many people choose to add their spouse or children on title of …

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Marriage, Cohabitation and Your Will

With the implementation of the Wills Estates and Succession Act (“WESA”) on March 31, 2014, marriage no longer automatically revokes a will.  Prior to WESA, marriage revoked a will unless the will was made in contemplation of the marriage.  The …

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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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