A New Incapacity Planning Tool: The Advance Directive
In 2011, the Health Care (Consent) and Care Facility (Admission) Act (the “Act”) was amended to provide adults with the opportunity to plan for their ... Continued
Availability of Estate Planning Tools Confirmed by Court of Appeal
As referenced in our earlier article, Avoiding Wills Variation Claims: How Far is Too Far?, the Wills Variation Act (“WVA”) permits spouses or children of ... Continued
Wealth Preservation lawyers to present on the Changing Dynamics for Executors
Valerie Dixon and Richard Weiland of our Wealth Preservation Group will be speaking at a seminar presented by the Canadian Bar Association on January 25, ... Continued
Wills Variation and Modern Canadian Values
British Columbia introduced dependant relief legislation in 1920 and despite varying interpretations by the courts over time, the legislation itself has remained substantially the same ... Continued
Resolution of Estate Litigation
It is evident that a testator will be inviting conflict and discord to the family if he or she does not discharge basic moral parental ... Continued
Is dementia included as a mental health disease under the Mental Health Act R.S.B.C. 1996, c.288
Under the Mental Health Act, R.S.B.C. 1996, c.288 (“MHA”), is dementia included as a mental health disease? The MHA does not define “mental health disease”, ... Continued
Wills Variation Act and Fraudulent Conveyances
While there is a general common-law principle that a testator should be free to arrange for the distribution of his or her assets upon death, ... Continued
Legislative Changes Impact Incapacity Planning
In 2007, the provincial government introduced the Adult Guardianship and Planning Statutes Amendment Act which has subsequently been amended several times. Parts of that Act ... Continued
New Insurance Product for Lay Executors
Earlier this year, a new insurance product, ERAssure was launched and is now available in BC. While errors and omissions insurance has long been available ... Continued
Pre-Emptive Strike: Restricting Attacks on the Trust
The great American legal scholar Austin Scott, in the introduction to his seminal work on the Law of Trusts, pronounced, without a hint of qualification, ... Continued
Statutory Notice Provisions to Beneficiaries Under Estates
Relevant provisions of the British Columbia Trustee Act and Estate Administration Act and the Ontario Trustee Act are contained in Schedule “A” to this memo. ... Continued
Retention of Estate Planning Files
The importance of creating and retaining an adequate solicitor’s file in the context of estate planning is shown quite graphically in the 1996 Ontario decision ... Continued