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Author Archives: Maria Holman
Using joint ownership as an estate planning tool: getting it wrong
As a current TV ad points out, even kids know it’s wrong to take back something once you give it away. Legally, though, it’s not that clear, especially when it comes to wills and joint ownership. This is why a … Continue reading
You want me to be your executor????
So your bff is going for a cruise up the Amazon, and has finally decided to make a will. She wants to honour you by appointing you executor. Party time? Or time to run for the hills? I say unless … Continue reading
Leggo my logo!
A very important part of business succession planning, which is often over-looked or ignored, is the issue of who owns the intellectual property that the business is built on. You may not think your company owns any intellectual property of … Continue reading
Posted in Law
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Preparing for a Cloudy day: Death, Passwords and other Assets
Not long ago a colleague forwarded a link to me for an article written by an Australian lawyer The article is titled “Who Gets my Passwords When I Die” and it got me thinking about all the information I own that … Continue reading
Posted in Law
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When Laws Collide, Part 2
In my previous post on this case, Easingwood v. Cockroft, 2011 BCSC 1154 I promised to outline the judge’s analysis of the facts. To recap, here are the parties: Reg Easingwood (the deceased, died Sept 2009) Kay Easingwood, married Reg in … Continue reading
Posted in Law
Tagged alter-ego trust, estate planning, Family Relations Act, Fraudulent Conveyances, trustees, wills
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Business Succession Planning Statistics
When people start a business they are usually full of optimism and positive energy for the future. They really don’t want to focus on anything negative. But the reality is, bad things happen to good people, and failing to plan … Continue reading
Posted in Law
Tagged business, business transition, estate planning, family owned business, planning, succession, succession planning, transition
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When laws collide: how an Alter-ego trust saved the day
A recent case, decided in the BC Supreme Court, examines the interplay among three important BC laws: the Wills Variation Act (“WVA”), the Family Relations Act (“FRA”) and the Fraudulent Conveyance Act (“FCA”). The case is Easingwood v. Cockroft, 2011 … Continue reading
BC Enduring Powers of Attorney now in force
September is here and with it comes the new Part 2 of the British Columbia Power of Attorney Act. Most of the changes relate to the powers that your attorney (the person you appoint to act as your agent) will … Continue reading
Mediating Estate Disputes
Early in my career as a lawyer, I practiced family law, and I found myself helping nasty people fight over things like who got the kids on their birthdays. My last family law case involved a battle over who should … Continue reading