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Category Archives: Law
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
The Template Will: Pay now or pay later
This is a true story. It is a cautionary tale to anyone who thinks it’s a good idea to draw up their own will. A woman (Myrtle) falls ill, goes into hospital in Feb 2006. She makes a will in … Continue reading
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Lines of Communication
Recently I had a get together with a group of friends. We have known each other for over 20 years and gather to celebrate each other’s birthdays a few times a year. As you can imagine there have been a … Continue reading
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Changes coming to BC Wills law
It has been a long time coming, but the BC government has passed a new law that will replace a bunch of existing laws dealing with the making of wills and the administration of estates. The law is not yet … Continue reading
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We’ve “lost” another one
This past Sunday evening, Elizabeth Buhler, believed to have been Canada’s oldest living person, died in Manitoba at the age of 111. Another two weeks and she would have been 112. May she rest in peace. The National Post, in … Continue reading
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Dirty Laundry
In Canada, one or our most important rights is to be able to leave our stuff to whomever we want. It is called “testamentary autonomy,” a testament being the old word for a will, and autonomy being the right to … Continue reading
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Start the new year with a new Will
Another new year is upon us, already. Wasn’t it just the other day we were anticipating the Olympic Winter Games of 2010? The rapid passage of time leads to thoughts of the transience of life, and the inevitability of death. … Continue reading
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