Aubrie Girou

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
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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 …

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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 …

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Society of Notaries Public of British Columbia v. Law Society of British Columbia: Affirming the Limits to the Legislated Authority of Notaries to Draft Wills

In the fairly recent appellate court decision, Society of Notaries Public of British Columbia v. Law Society of British Columbia, 2017 BCCA 448, BC’s highest court was faced with the question: What are notaries allowed to draft when it …

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Executor Found Liable for Ducking her Obligations

In the recent B.C. Court of Appeal decision in Wade v Duck, 2018 BCCA 176, the Court held the former personal representative of the deceased’s estate personally liable for the deterioration of estate property and jointly and severally …

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Found Money!

Did you know…[1]

Did you know that both the BC Unclaimed Property Society and the Bank of Canada have free, searchable databases?

BC Unclaimed Property Society: https://unclaimedpropertybc.ca/searchp/search/

Bank of Canada: https://www.bankofcanada.ca/unclaimed-balances/

Dormant funds from credit union accounts, forgotten insurance …

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Settled Property and the Issue of Photocopying Money

Did you know…[1]

Photocopying money risks criminal and civil sanctions. So what to do if making file copies of a trust settled with a $10, $20, $50, or $100 dollar bill? Can you copy or scan the settled property?…

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A Promise is a Promise: Proprietary Estoppel at the Supreme Court of Canada

In December 2017, the Supreme Court of Canada released its decision in Cowper-Smith v. Morgan, 2017 SCC 61, clarifying how a promise relating to an interest in property may be enforced through the equitable doctrine of proprietary estoppel — …

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Signing Documents using a Power of Attorney

Did you know…[1]

If you are appointed as an attorney under a power of attorney instrument, any documents you sign in your capacity as an attorney should be signed with the name of the adult who gave the power …

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Corporate Mistake: BC Supreme Court Declines to Permit Retroactive Tax Planning

The B.C. Supreme Court recently concluded that failing to complete a transaction in the most tax efficient manner is not a “corporate mistake” that can be remedied under the Business Corporations Act[1] (the “Act”).

In Greither Estate v. Canada

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