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Family Law Considerations in Estate Planning
These materials were prepared by David W. Buchanan, Q.C. of Clark Wilson LLP, Vancouver, B.C. for a conference on Essentials of Estate Planning held in ... Continued
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These materials were prepared by David W. Buchanan, Q.C. of Clark Wilson LLP, Vancouver, B.C. for a conference on Essentials of Estate Planning held in ... Continued
The recent film, Sense and Sensibility brought to the screen Jane Austen’s powerful critique of early 19th century English values and social customs. The film ... Continued
A general principle of law is that a person making a Will (a “Testator”) has the “testamentary freedom” to dispose of his or her property ... Continued
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
Estate Administration Act, R.S.B.C. 1996, c. 22 67.1 (1) This section applies only if (a) the deceased died testate leaving a specific bequest of real ... Continued
Professionals assisting an individual with planning his or her estate can be faced with the issue of testamentary capacity. As was once said in a ... Continued
In England, the jurisdiction which esteemed individual property rights, it was recognized early on that a will made by a person not of “sound” mind ... Continued
A cursory review of legal texts could give the impression that this area of the law is subject to technical and sometimes dry legal principles ... Continued
On July 14, 2011, Mark Weintraub, Chair of our Estate & Trust Litigation Group, was interviewed in the article, "Economical helps develop new product". Mark ... Continued
British Columbia’s Wills Act contains many technical requirements for executing a will. While these rules are designed to protect against fraud, they can also create ... Continued
The Supreme Court of Canada has recently released an important decision which caps a recent trend to expand the meaning of “juristic reason” in the ... Continued
There are a number of areas of practice where questions of capacity to instruct counsel arise and often perplex lawyers. The issue is obviously one ... Continued