In BC, each property’s title is registered with the BC Land Title Office which includes a list of any and all charges that are actively registered against that property. What is a “charge”? Put simply, a charge is a legal instrument registered on title that notes some form of third-party interest, rule or entitlement that…
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How much do you stand to save by preparing a will based on a will kit, or with a notary as compared to a wills and estates lawyer? It is true that there are likely savings to be found and you stand to save even more if you don’t even prepare a will (around half…
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It is a common misconception that when a person dies, that person’s family inherits his or her debt. Beneficiaries are relieved to hear that this is not the case; generally speaking, you do not “inherit” debt unless you previously accepted responsibility for it. What Happens To Debt When a Person Dies? The answer to this…
Read MoreIt is sad but true: disagreements between family members can and often do arise. They typically fester, simmering just beneath the surface, for years. All it takes is the right trigger to make them rise to the surface with vigor. As an estate lawyer, I’ve seen it time and again and a family member getting…
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Dementia attacks the ability of the mind to make sense of everyday events. It can strip us of our normal common-sense that would normally allow us to pick out individuals that are seeking to take something from us. Family members unfortunately are placed in a position of opportunity to take advantage of persons with dementia.…
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Under the Wills Act, a valid Will had to be in writing signed before two witnesses who also signed the Will at the same time in each others' presence. These requirements were mandatory. If they were not followed, the document was not a Will. Will Estates and Succession Act On March 31, 2014 the Wills…
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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 are new to trusts, and would like…
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We know when we die we will leave all the property or wealth we have accumulated behind. It is important for you to take the steps necessary to ensure the people you want to be in charge of distributing your property get the job with the ability to distribute your property the way you want. …
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What is a Power of Attorney? A Power of Attorney ("POA") is a document authorized under the Power of Attorney Act of British Columbia. A person or company (the “Principal”) signs the POA to appoint another person (the “Attorney” – not to be confused with the American term for lawyer), to act on behalf of…
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What is a Power of Attorney/Enduring Power of Attorney? A Power of Attorney (“POA”) is a document signed by a person (the “Adult”) appointing another person (the “Attorney”) to manage the Adult’s property and finances. Pursuant to the Land Title Act (BC), a POA must be witnessed by a lawyer or notary in order for…
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