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Category: Elder Law
Rule of Law - February 03, 2012
The Canadian Bar Association, British Columbia Branch has published my article "Advance Directives and Representation Agreements: How do they differ?" in the February 2012 edition of Bartalk.In an advance directive you can give or refuse consent to specific types of health care
Rule of Law - January 29, 2012
If a trust agreement does not accurately reflect the intentions of the parties creating the trust, the trustees may make an application to court to rectify the trust. The power to rectify a trust may be used to save the parties from significant taxes that they would otherwise have to pay. Taxpayers ...
Rule of Law - January 26, 2012
The Canadian Centre for Elder Law has announced that it is holding the 2012 Canadian Conference on Elder Law on November 16 and 17 in Vancouver, B.C. According to the press release:The Canadian Centre for Elder Law is pleased to ann
Rule of Law - January 22, 2012
The laws governing the estate of a person who has died can vary considerable from country to country, and in Canada, even from province to province. For example, in British Columbia, an independent adult child can apply to court under the Wills Variation Act to vary the will of her parent if the ...
Rule of Law - January 16, 2012
The Canadian Centre for Elder Law has published its report on Elder and Guardianship Mediation. As set out in the Executive Summary:The Elder and Guardianship Mediation report is the first comprehensive study of elder and guardi
Rule of Law - January 09, 2012
The British Columbia Law Institute has published Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide.The impetus for this Guide is
Rule of Law - January 08, 2012
If you are acting as an attorney under an enduring power of attorney in British Columbia you are now required under the Power of Attorney Act, and the
Rule of Law - January 03, 2012
Steve Mathews of Stem Legal has announced the winners of the 2011 CLawBies, which is short for Canadian Law Blogs Awards. The winner of the best Canadian Law Blog was Erik Magraken's B.C. Injury Law Blog
Rule of Law - January 02, 2012
Rule of Law - December 20, 2011
If you believe that a member of your family, or a friend, is no longer capable of managing himself or his affairs, you may apply to the Supreme Court of British Columbia to be appointed as a committee, or in other words a guardian, of the incapacitated person. To succeed, the Patients Property A
Rule of Law - December 17, 2011
The British Columbia Court of Appeal has reaffirmed the rule that the limitation period of six years in British Columbia does not begin to run until the creditor has made a demand for payment under a promissory note that was made payable after a specified period of time from demand (a ...
Rule of Law - December 10, 2011
I have just finished reading Fat Cats & Lucky Dogs: How to leave (some of) your estate to your pet by Barry Seltzer and
Rule of Law - December 08, 2011
Rule of Law - December 08, 2011
It is essential to the exercise of such a power that a testator shall understand the nature of the act and its effects; shall understand the extent of the property of which he is disposing; shall be able to comprehend and appreciate the claims to which he ought to give effect; and with a
Rule of Law - December 08, 2011
On September 1, 2011, amendments to the Power of Attorney Act in British Columbia will come into effect. Section 18(1) through (3) sets out whom you may appoint as your attorney in an enduring power of attorney. It says:
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