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Leaving Your Children Out of Your Will?
So we’ve talked about what happens if you die without a will—how your estate and assets will be distributed, who would administer your estate, and so on. But what happens if you do make a will, but it does not provide adequately for your children? According to section 60 of the Wills, Estates and Succession…
5 Reasons Why DIY Wills Are a Bad Idea
You won’t realize your mistakes until it’s too late Making a do-it-yourself Will means you won’t have a legal professional looking over your Will, checking to see if it is up to standards and that it accurately reflects your wishes. If you make a mistake anywhere in your Will or if your Will is inaccurate,…
What is a Will? What Happens if You Don’t Have One?
A Will is a legal document that takes effect upon your death. The main purpose of a Will is to say who will get your property (land and personal possessions) when you die. It can appoint a new guardian for your children if you have any, as well as appoint a chosen executor who will…
Why is it So Important to Have a Power of Attorney?
As we’ve discussed in a previous blog post, a power of attorney is a legal document that gives a person (the “attorney”) the power to take care of another person (the “donor’s”) financial and legal matters. Let’s say you incur a traumatic brain injury as the result of a car accident, and you are rendered…
What is a Committeeship
A committeeship is what occurs when someone is appointed to protect the interests of a adult who is incapable of managing his or her affairs (the “Patient”) or self. The Patients Property Act of British Columbia (“the Act”) sets out a legal framework for the appointment of a committee and how the personal and financial affairs…
What is a Power of Attorney?
A power of attorney is a legal document that gives a person the power to take care of another person’s financial and legal matters. The person granting this power is called the “donor” while the person to whom the power is given is called the “attorney,” A power of attorney gives the person appointed…
BENEFICIARIES WHO ARE DISABLED OR STRUGGLING WITH ADDICTION ISSUES…
present unique challenges for those making Wills. Typically, will-makers provide outright gifts to beneficiaries except where the beneficiaries are under age in which case the will-maker creates a trust in the Will directing the executor/trustee to hold the gift (usually liquid investments) in trust for the under-aged beneficiary under that under-aged beneficiary reaches a certain…
HOW OFTEN SHOULD YOU REVIEW YOUR WILL….
Before even asking this question, it is important to ensure that you also have in place a Power of Attorney and a Representation Agreement for personal healthcare matters as these two documents will ensure that someone can make legal, financial, and personal care decisions for you in the event you are temporarily or permanently incapacitated…
WILLS – unsigned, unwitnessed, no problem?
WILLS MAY NO LONGER NEED TO BE SIGNED OR WITNESSED TO BE VALID IN BRITISH COLUMBIA Under the Wills Act, a Will was only valid if it was (a)in writing; (b)at its end is signed by the will-maker or by some other person in his presence and by his direction; (c)the will-maker makes or acknowledges…
What is Probate?
When someone dies and leaves behind a Will, the person appointed as Executor will need to go through a legal process called probate before the Will can be relied upon to transfer assets into the name of the Executor who in turn can transfer the assets to the named beneficiary. If the Executor does not…
Does an Adopted Child have Rights to their Birth Parent’s Estate?
According to section 60 of the Wills, Estates and Succession Act (WESA), if a Will-maker dies leaving a Will that does not make adequate provision for the Will-maker’s children, the Will-maker’s children may start a proceeding to vary the Will and have the Court order a more adequate, just, and equitable provision to be made…
What if I Don’t Get Along with My Co-Executor?
As an experienced lawyer who has drafted countless Wills in my career, it is not uncommon for my clients to name their children as joint executors of their estate in their Will. Appointment of joint executors requires these individuals to make all decisions affecting the Estate together by consent. This requirement that all executors act…
Can My Spouse Challenge My Decision to Exclude Him or Her from My Will?
In a prior post, it was discussed what may arise from a decision to exclude your children from your Will and so today’s topic will cover: What may arise from your decision to exclude your spouse? Section 60 of the Wills Estates Succession Act (“WESA”) empowers a court to vary the terms of a Will…
So You’ve Been Appointed an Executor. Now What?
A close friend or loved one has died and you are aware that you have been named executor in his or her Will. What should you do next? Step 1 Locate the Will. In many cases, the deceased will have told the executor where the Will is located but there are times where the deceased…
Burnaby and Vancouver Family Law, Committeeship, Wills & Estates Lawyer 