Yearly Archives: 2019

Everyday Heroes: Appointing a Guardian for your Minor Children

Did you know…[1]

“Guardians” are more than space heroes that save the galaxy:  they save your minor children from becoming wards of the government.  In the estate planning context, a guardian is the person you appoint to make …

Keep reading

“Impenetrable (…) Gobbledegook”: Knowing and Approving of the Contents of Your Will

The English case of Franks v. Sinclair & Ors[1] serves as a not-so-friendly reminder of what can go wrong when lawyers draft wills that use complex legal language.

In this case the deceased, Mrs. Franks, had executed and revoked …

Keep reading

Make a Will Week: 4 Reasons You Want to Make a Will

April 7 to 13, 2019 is “Make a Will Week” in British Columbia, which encourages the public to make a will or bring an existing will up-to-date.

But really, why bother?

  1. Your estate probably does not fall the way you
Keep reading

Spousal Home on First Nation Land

In the recent case of Toney v. Toney Estate, 2018 NSSC 179, the Supreme Court of Nova Scotia considered an application by the spouse of a deceased former band Chief seeking exclusive occupation of property located on reserve lands …

Keep reading

Speculating On Vancouver’s Real Estate Market: A Taxing Exercise For Executors

With experts forecasting a cooling real estate market for the beginning of 2019, some executors may be tempted to hang on to real property that falls within an estate and wait until more favourable market conditions before listing the property …

Keep reading

Risky (Estate Planning) Business: Joint Tenancies May Expose Assets to Third Party Creditor Claims

In the recent decision of Justice Baker in Gully v. Gully, 2018 BCSC 1590, the BC Supreme Court considered the legal effect of a registered joint tenancy where a third party creditor sought to secure an interest in real …

Keep reading