Are Testamentary Trusts useful any more? Testamentary Trusts If your estate plan includes creating a trust in your will or you are a trust beneficiary or an estate trustee, you may be affected by the federal government’s new legislation to tax certain trusts at the top marginal tax rate rather than the lower graduated tax…
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Invisible Injury: Advice from Kelowna Lawyers
TagsArticles, Personal InjuryDespite the title, this article is not about the insurance industry's perspective that a large portion of the population fabricates or exaggerates their symptoms (I'll save that for another day), but is about accident victims who legitimately suffer from psychological injuries as a result of their accidents. Psychological Injuries What is a psychological injury? A…
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Why Use Testamentary Trusts in Estate Planning?
TagsArticles, Wills & Estate PlanningWhy Use Testamentary Trusts in Estate Planning? Testamentary Trusts have been a popular and favored estate planning tool for a variety of reasons, one of which was tax benefits. A testamentary trust is a trust established by a person as a result of his or her death for the benefit of another person. If you…
Read MoreAvoid Probate Using Joint Ownership
TagsArticles, Wills & Estate PlanningShould you use Joint Ownership to Avoid Probate Fees? The probate process is a court application seeking an order from the Supreme Court of B.C. which confirms the legality of your Will, recognizes the executor in your Will as the person legally responsible to administer your estate, and requires the executor to administer and distribute…
Read MoreJoint Ownership and Estate Planning
TagsArticles, Estate LitigationJoint ownership is a topic that comes up frequently in estate planning practice. When two or more people own property in “joint tenancy”, each owner has an undivided interest in the entire property. When one of the owners dies, the property will automatically pass to the surviving owner(s). Joint ownership is attractive because a grant…
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Left Turn – Who’s At Fault?
TagsArticles, ICBC ClaimsWe've all been there, sitting in our car in a left turning lane waiting impatiently for the never ending traffic to pass or the light to turn yellow so that we can finally make our left turn. We've possibly even waited through a couple sets of light changes before we finally get to the front…
Read MoreMalingering: Advice From Kelowna Lawyers
TagsArticles, Personal InjuryWherever there is money to be made, there will always be people who are looking to abuse the system. Many of you may have seen insurance scams uncovered on television and may even know or heard about someone who got "more money then they deserved" as a result of being "injured" in an accident. Kids…
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Motor Vehicle Accident Checklist
TagsArticles, ICBC ClaimsWhen you're involved in a motor vehicle accident, thoughts of shock and fear may be racing through your mind. It can be hard to remember all the necessary actions you need to take in the event you, or someone around you is involved in a motor vehicle accident. We've compiled a car accident checklist that…
Read MoreEmployee Contracts: Advice From Kelowna Lawyers
TagsArticles, Employment LawThe importance of having a well-drafted employment contract cannot be overstated. There is no ‘right’ to employment in British Columbia. However, in many cases employees have a right to “reasonable working notice” or “severance pay” if they are terminated from their employment without cause. Many employers rely on the Employment Standards Act to determine what…
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Pedestrian vs. Vehicle
TagsArticles, ICBC ClaimsMost of us learned to look both ways before crossing the street. This simple advice couldn't have been more applicable than during my recent trip to New York. Needless to say, I was somewhat surprised at the incredible speeds, and NASCAR maneuvers used by the taxicabs down the main streets of Manhattan without a care…
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