Wills Variation Act Planning
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
Missing Beneficiaries
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
Incapacity in the Context of Executing a Will
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
Incapacity Issues
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
Estate Dispute Resolution Seminar
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
Mark Weintraub reviews new policy protecting trustees and executors
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
Court’s Discretion to Correct Wills Enhanced Under New Act
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
Supreme Court of Canada Clarifies Unjust Enrichment Principles
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
Capacity to Instruct Counsel
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
A Gift that Lasts
When does a gift take effect? Is it enough to tell a friend or relative that you give them your car or your shares in ... Continued
Avoiding Wills Variation Claims: How Far is Too Far?
Under the Wills Variation Act (WVA), a spouse or child of a deceased person who has left a will can petition the court to vary ... Continued
Spousal Transfer can Lead to Tax Pitfall
The recent BC Court of Appeal decision in Zeitler v. Zeitler Estate, 2010 BCCA 216 illustrates why tax consequences must be thought through carefully even ... Continued