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Recent Posts
Below is a preview of the five most recent posts from the blog Wills + Estates Lawyers Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Protecting Vulnerable Adults: The Basics of Committeeship in BC
The question of what happens when adults do not have the requisite capacity to make financial, legal, or personal safety or healthcare decisions for themselves can arise in a variety of difficult situations, such as when a parent has advancing dementia, when a child with disabilities reaches the age … Read more »
- Did I Write a Letter of Wishes or a New Will?
After devoting time and money to carefully preparing Wills that reflect their wishes and comply with the formal legal requirements for Wills, individuals often then prepare letters of wishes intended to be flexible companion documents to their Wills to guide their executors. However, these seemingly … Read more »
- Disinheriting an Independent Adult Child – BC Court of Appeal Confirms Objective Judicious Parent Test in Wills Variation Actions: Tom v. Tang, 2023 BCCA 221
In British Columbia, if a person dies leaving a Will which does not, in the Court’s view, make adequate provision for their spouse or children’s maintenance and support, the deceased’s family members can bring a claim in the BC Supreme Court under s.60 of the Wills, Estates and Succession Act, SBC 2 … Read more »
- BC Court of Appeal Confirms Summary Procedure Applied by Lower Court in Appointing two Committees Based Affidavit Evidence
In the recent case of Mendres v. Ramsay1, the British Columbia Court of Appeal heard an appeal from an order made by a Justice of the Supreme Court of British Columbia, appointing two individuals as committees for a patient. The appellant contested the summary nature of the hearing, namely that the … Read more »
- Cottrell v. Cottrell: Separation/Divorce and Discretionary Trusts
Can a discretionary trust benefit your children and shield the assets that you want to leave to them from being divided between your child and their spouse in the event of a relationship breakdown? The British Columbia Supreme Court recently examined trusts that did just this. In Cottrell v. Cottrel … Read more »