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Author Archives: Maria Holman
Medical Assistance In Dying
Very often when I am helping clients prepare their estate planning documents, the discussion turns to end-of-life planning as well. I am always surprised by the number of people who believe that if they appoint a representative for health care, … Continue reading
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Multiple Wills in British Columbia
Did you know you can have more than one will in British Columbia? This is an estate planning tool that has been used for some time in Ontario, but it is not yet so well known here. I have been … Continue reading
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You may have a Spouse even if you think you don’t
When my clients ask me about what problems might arise with the way they want to distribute their estates, I tell them that it’s often not blood relatives but in-laws that create the problems. A recent judgment of the British Columbia … Continue reading
No Will? No Way!
This topic just never gets old….what happens if a person dies without a will? Many people think they have it all sorted out, but consider this…. I had a call today from an old colleague. He has a client whose … Continue reading
Posted in Law
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Death and Passwords
Some time ago I wrote about the issue of what happens to a person’s digital property when he or she dies. https://thatwillsblog.com/2011/12/29/preparing-for-a-cloudy-day-death-passwords-and-other-assets/ So on the news today, there is a story about that exact problem: http://www.cbc.ca/news/business/apple-wants-court-order-to-give-access-to-appleid-1.3405652 From the story it … Continue reading
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Where there is (not quite) a Will
Since the Wills Estate and Succession Act (the “WESA”) came into effect in March of 2014, we have waiting to see what the courts would do with the new provision, Section 58, allowing judges to decide whether a document that … Continue reading
Posted in Estates, Law
Tagged estate lawyer, estates, executor, intestacy, probating a will, valid will, WESA, wills, wills and estates
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BC Court of Appeal Upholds “living will” Decision
I wrote about this sad case about a year ago, after the Supreme Court of BC denied the request of Mrs. Bentley’s family to have the care home where she lives stop feeding her and allow her to die. This time, … Continue reading
Can my last email be my will?
Can my last e-mail be my will? That was a question being asked (mainly by lawyers, admittedly) after the Wills Estates and Succession Act (the “WESA”) came into force last March 30th, 2014. Lawyers ask some pretty wacky questions, but … Continue reading
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Wills and Guardianship of Children
If you thought it was a bad idea from a financial point of view to not have a will, it can get even worse. There is a tragic case in the media at the moment that involves custody of the three … Continue reading
Posted in Law
Tagged blended family, children, custody, estates, Family Relations Act, intestacy, legal guardianship, minor children, wills
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Supreme Court of Canada Rules on Physician Assisted Suicide
The long awaited ruling from the Supreme Court of Canada regarding the legality of physician-assisted suicide came down today. The court ruled unanimously that a competent adult person will no longer be prohibited by the Criminal Code from seeking assistance … Continue reading