Holograph Wills: A Will With No Witnesses Being Valid
In BC, there are strict rules that govern when a will can be deemed a valid will. Wills must be (1) in writing, (2) signed and (3) witnessed by two or more people. When the testator’s intentions are clear, courts…
Intestacy: Who Makes the Funeral Arrangements?
When a loved one passes away unexpectedly, it may leave family and friends without any idea of who should plan the funeral or what the deceased’s preferences would have been. As a general rule of thumb, the deceased’s estate executor…
Estate Planning Tips: Creating the Perfect Estate Plan
It’s important that estate planners create detailed plans that they're happy with before they pass away. Estate planning goes well beyond simply writing a will. A robust estate plan should provide you and your loved ones with detailed plans for…
Representatives: Planning for Incapacity in the Future
Unfortunately, it’s common that at some point in your life you will require someone else to make decisions on your behalf – whether those decisions are financial, legal or health related. Before an illness or injury renders you incapable, you…
Invalid Wills: When a Simple Note Can Become a Valid Will
A BC woman found dead without any legal will written in her name left a hand-written note in her car explaining her final wishes for how she wanted her estate to be distributed. The question before the courts was whether…
Inter Vivos Gifts: An Estate Planning Tool
When reading about gift-giving in the context of estate law, you’ve probably come across the term inter vivos several times. An inter vivos gift is property that the gift-giver transfers while they're living. The opposite of an inter vivos gift,…
Storing a Will Electronically: Good or Bad Idea?
With the world quickly becoming more and more digital, people are constantly looking for new ways to go paperless. For many documents, it’s easy and safe to keep a copy on your computer, phone, or in 'the cloud'. These methods…
Testamentary Capacity: How Capacity to Write a Will is Assessed
To write a valid will in BC, the writer must have testamentary capacity at the time of writing the will. As described in the Wills, Estates and Succession Act, someone with testamentary capacity is defined as a “person who is…
Keeping Bequests Out of In-Law’s Hands
Parents are often concerned about how their children will use their inheritances. It is common to worry about assets falling outside of the family. This often happens as a result of a child's divorce after the death of their parents.…