Your will is the ultimate last word. Your will is your last communication with your descendants and beneficiaries and your opportunity to leave clear instructions on what you want done with your assets, how you want your final wishes to be carried out and what legacy you want to leave. You are the most familiar […]
When selling property with elderly clients, it is important to consider the power of attorney, joint tenancies, and probate. 1. Determine if there is a valid Power of Attorney in place A Power of Attorney is a legal document that grants to a person (sometimes called the “Attorney”) the right to sell and dispose of […]
No one wants to leave behind long, bitter and expensive litigation when they die. While having a will is a good place to start, there is more you can do to decrease the likelihood that your family will take to the courtroom after you depart. This article contains a few tips to protect your estate […]
Suffering death in the family is always a difficult affair, which is only made more difficult when family members start dragging each other through court. A death can open old wounds and in grief people sometimes insist on extreme courses of action. Unfortunately, there is also a growing sense of entitlement in today’s society. Children […]
I think it would surprise some people to realize how often lawsuits are started or continued by or against someone who has passed away. When we die, our property, assets, legal obligations and contracts continue on and are assumed by our estate. Our estate is managed by the person appointed as our personal representative or […]
Many of us do not dwell very long on the topic of how we wish our remains to be dealt with after we pass away. When I finally turned my mind to this question, I was fascinated with the many different beliefs, positions and options available. One surprising fact that I came across is that here […]
As you may be aware, the Supreme Court of British Columbia recently made a ruling on Physician Assisted Suicide in the case of Carter v. Canada (Attorney General), 2012 BCSC 886. The Court found that the law against assisting a person to commit suicide was unconstitutional, as it violated the right of equality under the […]
I have written before about British Columbia’s Wills Variation Act and the requirement in our province to make “adequate provision” in our wills for our spouse and children. This time, I will talk about the justification that the Court needs in order to respect your wishes to disinherit your spouse or children. British Columbia recognizes […]
You can’t take it with you, but you can leave behind instructions in a will. The question is, will your instructions be followed? If you have decided to disinherit your children, or to cut your spouse out of the will, perhaps not. Adequate Provisions In British Columbia, we have an act called the Wills Variation […]
When someone close to us passes away, it is easy to become overwhelmed by the loss and by all the details of managing their affairs. Some issues that demand attention right away include funeral arrangements, contacting family and locating the Will. Locating the Will is important as it may contain funeral wishes and it appoints […]
