Estate Planning: Notary, or Lawyer?
When first setting out to write a will, many people have no idea where to start. It’s very common for a first-time will writer to underestimate the complexity of their estate, especially if they hope to maximize the value of…
How are Company Shares Handled in BC Estate Law?
Upon an individual's death, estate administration commences, and the executor undertakes the task of distributing assets to beneficiaries as per the deceased's will. When the deceased has an interest in a private corporation, handling shares differs from managing simpler assets…
Codicils: Making a Small Revision to Your Existing Will
It’s not uncommon for a will-writer to want to make a modification to an outdated will that they’ve written years ago. Often times, will-writers only want to make small changes to their will – maybe changing a single sentence in…
Important Limitation Dates in Estate Litigation
Various different legal remedies ensure that estates distribute as the testator intended and prevent invalid disinheritance. However, claimants must adhere to certain deadlines to initiate an estate litigation case. Typically, estate litigation cases have a limitation period of either two…
Stepchildren Challenging a Will: Estoppel if Your Biological Parent Gifts Their Estate to Your Stepparent
In BC, courts can rule a will unfair and have it revised - or varied - if it does not make ‘adequate provision for the proper maintenance and support’ of the will-maker’s spouse or children. The Courts have the authority…
Estate Planning for a Family Vacation Home
The family vacation home is a place where some of us have our fondest memories – bathing in the hot summer sun, playing outdoor games with friends and family, or barbecuing burgers. It’s no question that a vacation home can…
Life Insurance: Can I Buy Life Insurance on Someone Else?
As one grows older or gains dependants, it’s common to begin thinking about purchasing life insurance to ensure their loved ones are properly provided for in the event of an expected death. Aside from the obvious benefit of a pay-out…
Posthumous Births: Are Children Born after Their Parent’s Death Entitled to the Estate?
Sadly, children are sometimes born after one of their parents passes away – a posthumous birth or after-born child. In other cases, babies can be conceived well after one of their parents has passed away because of current and advancing…
Solicitor’s Negligence: Suing the Will-Drafting Lawyer
Sometimes, due to the drafting lawyer’s negligence, a will may not reflect the testator’s requests, unbeknownst to them. Perhaps the lawyer failed to carefully review the directions given to them by the testator, or improperly applied the law, making an…