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Category: Estate Law

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Estate Planning: Will Preparation is Important and it’s Easier than You Think

Many Canadians put off estate planning or avoid it altogether. A recent poll of Canadian adults found that 50% don’t have a Last Will and Testament in place. When asked why they don’t have a Will, the top reasons were that they are too young to need one, they don’t have enough assets to worry […]
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Trusts and Estate Planning

You’ve worked hard and built assets over your lifetime. Now you are starting to think about your financial legacy. What is the best way to protect assets, provide support for family members, and ensure your wishes are followed? People have a Will but often don’t consider trusts. Many people hesitate when it comes to trusts, […]
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How Long Does It Take to Receive Inheritance from a Will?

How long does it take to get inheritance money from a trust in Canada? What is the process of receiving an inheritance? Can an executor withhold money from a beneficiary? How long after probate can funds be distributed in bc? These are important questions that arise after the death of a friend or family member. […]
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What Assets Are Not Subject To Probate In BC?

The issue of probate can be confusing. When you are preparing your Will or thinking about your getting your estate plan in place, you will almost certainly have questions surrounding BC probate. Will a probate application be needed? How much are BC probate fees? Are there steps you can take to reduce probate fees or […]
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What is a Living Will in British Columbia?

We all want to have a voice in decisions about our health care. The thought of not being able to make decisions or express our wishes for medical treatment and personal care is scary.  There are options that allow you to plan in advance. That way, your preferences are known, your wishes are respected, and […]
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BC Child Support Obligations After Death

Did you know that after a parent dies, his or her estate may be liable for outstanding? Does this allow for continued BC child support payments? That important principle was recently confirmed in Bouchard v. Bouchard, 2018 BCSC 1728, where Madam Justice Donegan set out the correct approach to get an order for BC child support […]
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The Important Role of an Estate Trustee

Getting an estate plan in place is among the most important things you can do to protect yourself, your loved ones, and your wealth. A key element of any estate plan is the appointment of an estate trustee or “executor” who will handle your affairs after your death. It’s a very significant role that comes […]
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Committeeship Applications in BC

An application to the BC Supreme Court is necessary for a person to become the guardian or “committee” of an incapable adult. The court application for committeeship can be relatively straightforward where there is no dispute among loved ones. If there is disagreement on who should be appointed committee, the matter becomes more complicated. Legal […]
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What is a Constructive Trust?

A constructive trust can be used to resolve unfairness. If you have been wrongfully deprived of property, a constructive trust may be the solution to right the wrong in your favour. Constructive trusts are a powerful, flexible legal tool that can be used to resolve all kinds of disputes, including estate litigation  and family law […]
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What is Lack of Testamentary Capacity in BC?

Testamentary capacity is an essential element when it comes to will-making. A Will can be declared invalid if the will maker didn’t have the necessary capacity to make a testamentary document.  That being said, a person’s Last Will and Testament can be valid despite the presence of cognitive deterioration or memory issues. Despite commonly held […]
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