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Category: Elder Law
Rule of Law - August 18, 2010
Rule of Law - August 16, 2010
As of the date I am writing this post, the law in British Columbia is that if you marry after you make a will, your will is revoked unless there is a declaration in the will that it is made in contemplation of the marriage. This is set out in section 15 of the Wills Act. I expect this rule
Rule of Law - August 14, 2010
In British Columbia, the Wills Variation Act provides that the Supreme Court of British Columbia may vary a will if the maker of the will did not make adequate provision for his or her spouse or a child. But the Wills Variation Act does not give the court the power to vary disposit
Rule of Law - August 02, 2010
In June, the British Columbia Court of Appeal upheld a trial decision that a former lawyer, Alexander Theodore Ewachniuk exercised undue influence over his mother to procure a will in which she effectively left him her estate to the exclusion of her other children. The case is
Rule of Law - August 02, 2010
The largest gifts in wills are usually gifts of residue. The will might say to divide the residue among the will makers children. The beneficiaries of the residue are called residual beneficiaries.The residue of the estate is what is left after payment of debts, funeral expenses, executo
Rule of Law - July 05, 2010
The Harmonized Sales Tax (HST) replaced the Federal Goods and Services Tax (GST), and the Provincial Sales Tax (PST) in British Columbia, on July 1, 2010.Before the HST, when you bought a new house in B.C. the price was subject to 5% GST (less any applicable rebate), but not the 7% PST.
Rule of Law - July 02, 2010
As of yesterday, July 1, 2010, both the new Supreme Court Civil Rules and the Supreme Court Family Rules are in effect
Rule of Law - June 27, 2010
Alberdina Zeitler sold two properties to her husband, Alfons Zeitler, in 1987, in return for a promissory note and for Alfons Zeitler assuming a mortgage and a demand loan. When he died on April 26, 2007, Mr. Zeitler still owned the properties.Mr. Zeitler did not leave a will. He did lea
Rule of Law - June 20, 2010
Sheila Haegedorn inherited a one-quarter interest in land near Kaslo, British Columbia from her grandmother. The other three-quarters interest in the land was left to Sheila Haegedorns mother, Robina Haegedorn, and to each of her mothers siblings. Robina Haegedorns mother bought out her siblings.
Rule of Law - June 06, 2010
The British Columbia Law Institute has published its "Consultation Paper on New Probate Rules," which was prepared by the Probate Rules Reform Project Committee.The paper inclu
Rule of Law - May 30, 2010
Limitation periods in British Columbia are tricky. If you have a legal claim, but do not sue before the limitation period, you are out-of-luck. But there are different limitation periods for different types of claims, meaning that whether you can sue after a certain time may depend on what category ...
Rule of Law - May 21, 2010
Usually in a common law relationship, each common law spouse provides benefits to the other. The benefits may take many forms including money, use of property, domestic services and other labour.In British Columbia, on the breakdown of the relationship, one common law spouse may advance
Rule of Law - May 18, 2010
My friend and
Rule of Law - May 16, 2010
The Senior Outreach and Resource Centre, is presenting its 6th Annual Seniors Safety Fair in Kelowna, British Columbia, on Monday, June 14th; from 9:00 am Noon at Trinity Baptist Church, at the corner of Spall and Springfield.The fair features a presentation by Linda Myers, Hon. BSW, RS
Rule of Law - May 08, 2010
In November 2009, the British Columbia Law Institute published its Consultation Paper on Section 29(2) of the Land Title Act and Notice of Unregistered Interests. The purpose of section 29(2) of the
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