When are Couples Considered “Spouses”?
Recent case outlines objective and subjective factors for determining whether couples are spouses.
Are there new Amendments coming to the Adult Guardianship Act?
Amendments will affect appointments of the PGT and the ways adults may challenge their certification
What does it mean to be a fiduciary?
Fiduciaries, such as executors, have significant obligations to uphold.
Does the Public Guardian and Trustee Charge Fees?
The PGT is partially funded by the fees it collects.
“Where there isn’t a will, there may be a way”: Mark Weintraub, Q.C. and Gordon Behan write on WESA for TLABC
In the Summer 2014 issue of The Verdict, the premier publication of the Trial Lawyers Association of BC (TLABC), Clark Wilson Partner Mark Weintraub, Q.C. ... Continued
A Committee’s Duty to Foster the Independence of the Patient
New provision of the Patients Property Act requires committees to foster the independence of patients
What happens when a beneficiary is criminally responsible for the deceased’s death?
Persons cannot benefit from their own crime, even through inheritance
Court clarifies WESA notice requirement
Dates of mailing notice of intended estate grant applications should be included in affidavits.
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
Court Upholds Effective Disinheritence
Court finds deceased had valid and rational reasons for leaving her son only a small amount
Court of Appeal in the position of a Trial Court in Wills Variation Appeals
Appellate courts not required to defer to trial judge except on oral testimony in wills variation cases
Revoking a Will – Destruction of a True Copy Not Sufficient
Detroying true copy does not revoke will when original known to be safe elsewhere.