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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
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
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
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
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
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
Typically, when a spouse or child has not been adequately provided for under a testator’s will, the remedy has been to make a claim under ... Continued
One of the more difficult situations that may arise in the administration of an estate is a claim by a former spouse of the deceased ... Continued
In the Summer 2008 edition of Your Estate Matters, we reported on the trial decision of Pickets v. Hall, a case involving a large estate ... Continued
In a recent decision, the BC Court of Appeal clarified the importance, or lack of importance, of the claims of persons not protected by the ... Continued