As soon as the warm spring weather arrives, so do the scores of Albertans, seeking sun, golf, boating, great food and wine. It’s a well-understood phenomenon in the Okanagan that many Albertans choose to invest in a vacation property in BC. However, the implications of estate planning for Albertans who own property in BC are…
A general principle of law is that a person making a Will (a “Will-Maker”) has the testamentary freedom to dispose of his or her property as he or she wishes. However, like many legal principles, there are exceptions. An important exception to a Will-Maker’s freedom to leave what he or she owns to whomever he…
Over the years this column has addressed the contentious and convoluted law governing wills and estates in British Columbia. The new British Columbia Wills, Estates and Succession Act aims to clarify this area of law. The Act comes into effect on March 31, 2014. The single Act consolidates and replaces four existing wills and estates…
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 […]
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 […]
