Andrew MacKay

Assisted Suicide: Carter, Bentley and the law of end-of-life decision-making

“It is a crime in Canada to assist another person in ending her own life.  As a result, people who are grievously and irremediably ill cannot seek a physician’s assistance in dying and may be condemned to a life 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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B.C.’s ‘Make A Will Week’ takes place from March 31st – April 6th 2014

March 31st -April 6th, 2014 is “Make A Will Week” in B.C. Now people as young as 16 can make a valid will in B.C.!

People with existing wills should review their wills in light of substantial changes to B.C. laws …

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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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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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What is Estate Dispute Mediation?

Mediation is an alternative to courtroom litigation as a means to resolve disputes about Estates, Trusts, Wills, and Property and Personal Care decisions for incapable persons. Mediation can be conducted at any time, with the assistance of a trained, objective …

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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 …

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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 …

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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 …

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