Case Comment – S.A. v MVHC, 2017 BCCA 2
This case provided rulings on a few key issues: Is an interest in a discretionary trust an asset? Yes. The interest has no legal value ... Continued
Executor Granted Disclosure of Legal Advice Given to Deceased Will-maker
Solicitor-client privilege is a legal principle that protects, or “privileges”, communications that involve the provision of legal advice between a lawyer and their client, and ... Continued
New BC Societies Act Roundtable – November 9, 2016
The new BC Societies Act will come into force on November 28, 2016, introducing major changes to the incorporation, membership and governance of societies in ... Continued
What Types of Assets do Courts Consider in Deciding Wills Variation Claims?
In British Columbia, courts have the ability to change a deceased’s will, if the court rules that the will fails to make “adequate provision” for ... Continued
Charitable Donation Planning in 2016
There have been a number of recent amendments and proposed amendments to the Income Tax Act that may significantly impact estate plans involving charitable gifts ... Continued
Did the 2016 BC Budget Put “Bare Trust” Planning in Jeopardy?
A “bare trust” is a useful tool in estate planning. It is used to document the intention of a legal owner to hold title of an ... Continued
Solicitor-Client Privilege and the Wills Exception
Solicitor-client privilege is a “fundamental civil and legal right”1 which ensures that communications between lawyer and client are strictly confidential. Neither the lawyer nor the ... Continued
What happens if a gift made in a will can’t take effect?
In drafting a will, it is important to consider how future events may impact an estate plan. The concepts of lapse and ademption are two ... Continued
End of Life Health Care Planning – Be Careful What You Wish For
Editor’s note: We are delighted to welcome Geoff White as counsel with our Tax & Estate Planning and Wealth Preservation Groups. Geoff is a highly ... Continued
Compulsory Capacity Assessments in British Columbia
Remarkable advancements in medical care over the past decades have significantly increased the life expectancy of Canadians. However, with this increase in longevity come the ... Continued
Trusts: Common Attacks on their Validity & How to Avoid Them
An inter vivos trust (such as a family trust) is created when an individual (called the settlor) transfers property to a trustee to be held ... Continued
Dispensing Power of the Court under WESA
The Wills, Estates and Succession Act (“WESA“) is now in force, and we are beginning to see its application in our estate practice. One of ... Continued