Category: Estate Law
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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, […]
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 […]
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 […]
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 […]
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 […]
Estranged Daughter Left Out of Will: A Case Study
In BC, an adult child can bring a wills variation claim, but the court will uphold a disinheritance supported by valid and rational reasons. In LeVierge v. Whieldon, an estranged daughter’s claim failed because the court found her own conduct, not an unfair will, explained why she was left out. A classic example of an […]
How to Become an Administrator of an Estate Without a Will in BC
When someone dies without a will in BC, you become the estate’s administrator by applying to the Supreme Court of British Columbia for a grant of administration. Section 130 of WESA sets the priority order for who may apply, starting with the deceased’s spouse, then their children, then other people entitled to inherit under the […]
Does Independent Legal Advice Rebut Undue Influence?
The existence of undue influence is frequently presumed when the nature of the parties’ relationship suggests a potential for dominance. Overturning this presumption requires evidence that the giver, or donor, participated in the transaction based on their own “full, free and informed thought”. Multiple factors come into play in assessing whether the donor made the […]
Resulting Trust for the Purposes of Creditors but Not Family Members?
Delving into the intricacies of estate planning in BC, one cannot ignore the prevalence of joint tenancy. Imagine a scenario where a parent, during their lifetime, gifts an interest in their property to their adult child, a strategy employed to bypass probate processes and fees after their demise. They register the property in joint tenancy […]
Contesting a Will Due to Dementia
In BC, a will is valid only if the will-maker had testamentary capacity when it was made. Dementia does not automatically void a will, but it can raise suspicion. Where suspicious circumstances exist, the person relying on the will must prove the will-maker knew and approved of it. With the aging population and rising incidence […]