In the winter of 2019, a B.C. court made the decision, in the unfortunate circumstances of L.T. v. D.T. Estate (Re), 2019 BCSC 2130 (upheld on appeal), to dismiss a…

When a shareholder of a private company passes, their children may become the new shareholder(s), in their place. This is an important issue regarding the future success of a business…

If you have a Family Trust as part of your business shareholder structure, it’s imperative to recognize that proactively planning for the future management of the Family Trust is a…

Increasingly people are using vehicles such as RRSPs and RRIFs for retirement purposes. One significant advantage of these assets is that that, if the owner designates a beneficiary, the funds…

How Outside Evidence Might be Used to Interpret a Will Wills are complex, and properly interpreting the wishes of a will-maker can, in some cases, be a difficult and confusing…

A Specific Type of Elder Abuse In a past article [here], we discussed the need for advisors to be wary of financial elder abuse. A less-common form of financial elder…

The Prevalence of Elder Abuse is Rising – Be Aware As our population ages, elder abuse issues are becoming more and more prevalent. As lawyers, we are seeing more instances…

Your pension not only provides you with post-retirement income, but it also provides financial security for your loved ones after your death. As a pension contributor, it is important to…

Why you should consider the benefits of charitable giving in your Will. Charitable giving is a great way to make a positive impact, advance a cause that you are passionate

The Best Times to Update or Create a Will Creating a Will is a vital responsibility for any adult and should be prioritized. A Will is a legal document that…

Common-law spouses – married, single or “it’s complicated”? The term “common law spouse” is often used to refer to a spouse who is legally recognized even though no marriage certificate…

While most disputes about estates occur after someone has passed away, sometimes our lawyers are asked to assist where there is concern about a vulnerable person being manipulated or coerced…

The Importance of Precise Drafting for Wills & Estate Planning When it comes to putting your last wishes into writing, clear and precise language is critical. A seemingly straightforward written…

Excessive Spending under a Power of Attorney If you have been granted Power of Attorney, it is important for you to understand the duties and obligations that come with your…

We have previously written several times in this space about the risks presented by using joint tenancy as a cheap or “do-it-yourself” estate planning tool (past articles here). These risks

Since early 2020, the Canadian housing market has been increasing at a record pace. Rising housing costs combined with the increasing family needs of Canadian Millennials (ages 25-41) and the…

Learn how this Good Deed could Mess with your Plans… When we die our executors have a number of obligations in the administration of our estates, including the repayment of

Wondering about what is involved in planning your estate, and where to start? For many business owners, “estate planning” eventually becomes a collaborative effort between your accountants, lawyers (business and…

You might be surprised to hear that insurance policies are valuable tools in estate planning. Here are 5 ways that insurance can be used to optimize an estate plan. 1.…

When does it raise suspicious circumstances? As a person nears the end of their life, they may wish to make last-minute changes to their estate planning. If they want to…

We previously wrote about how putting an asset into joint tenancy could result in loss of control over that asset. Another troublesome area for joint tenancy is that it often…

One of the most surprising developments in estate law over the last number of years has been increasing uncertainty over designated beneficiary assets – life insurance, RRSPs, RRIFs, and TFSAs…

Dealing with a parent’s dementia diagnosis can be overwhelming. However, confronting potential legal challenges head-on before the disease progresses can be one of the best ways to protect your parent’s…

Enns v Gordon Estate, 2018 BCSC 705 In my Will, I can leave my belongings to anyone I choose, right? That idea comes from the concept of “testamentary autonomy” and…

Alter Ego vs Joint Spousal Trust Planning What is an Alter Ego Trust? An Alter Ego Trust is a type of trust allowed under the Income Tax Act (Canada) (the

When does a promise become more than a promise? In the recent case of Bergler v Odenthal (“Bergler“), the BC Supreme Court had the chance to revisit the concept of…

Life is complicated, and especially so when losing loved ones. By preparing this broad checklist, we hope to provide you with some certainty and guidance through difficult times. We know…

While it is an honour to be selected as an Executor; many would agree that it is also a burden. From our work assisting Executors, we have identified a number…

Life Insurance Trusts During a previous bulletin, we discussed the downsides to naming a child (under age 19) as a direct beneficiary of a life insurance policy. Most significantly, the…

Every so often we encounter a client (the “Insured”) who has designated their young children (or child) as the direct beneficiaries of their life insurance policy (the “Policy”). Most commonly…