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Category: Elder Law
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
Rule of Law - May 02, 2010
I have previously written about the criteria applied by British Columbia courts to determine if someone had capacity to make a will. British Columbia law is based on the 1870 English decision in Banks v. Goodfellow
Rule of Law - April 17, 2010
In her will, Edith McBride provided that her daughter Margot McBride could live in Ms. McBrides home for life, as long as she paid the property taxes and other expenses for the house.Margot McBride had lived with her mother for almost all of Margots life, and cared for and supported her mother
Rule of Law - April 03, 2010
Currently, in British Columbia, if you make a gift in a will to your married spouse, and you later divorce (or there is a judicial separation, or declaration that your marriage is void), the gift is considered revoked, unless your will indicates that you wished to make the gift despite the divorce. ...
Rule of Law - March 28, 2010
In Rose v. Bloomfield, 2010 BCSC 315, Mr. Justice Cohen varied the will of Marika Crayne pursuant to British Columbias Wills Variation Act to provide her common-law spouse of 21 years with 70 per cent of he
Rule of Law - March 28, 2010
The British Columbia Court of Appeal is one hundred years old. There are a number of events scheduled through the year to celebrate the centenary, including special sittings as described in the British Columbia Court of Appeals 100th Anniversary Event Website as follows:Victo
Rule of Law - March 23, 2010
Rule of Law - March 22, 2010
The Supreme Court of Canada has denied leave to appeal the British Columbia Court of Appeal decision in Picketts v. Hall, 2009 BCCA 329 (see the SCC News Release
Rule of Law - March 22, 2010
The Deputy Minister of Finance is seeking comments on reform of the Society Act. In a message issued in December 2009, a couple of structural issues are identified as follows:Two fundamental structural issues regarding the Act have already been raised. The first concern
Rule of Law - March 22, 2010
The new Wills, Estates and Succession Act, will allow the Supreme Court of British Columbia to give effect to a will that does not meet the formal requirements of a valid will in British Columbia. This is a substantial reform.
Rule of Law - March 22, 2010
After Mary Josephine Whitehead died in 2008, a trued up copy of her will, dated December 21, 1979, was found among her papers. This document was a copy of a will, with Ms. Whiteheads name and those of the witnesses were printed in quotation marks. This was clearly not an originally signed will, and ...
Rule of Law - March 04, 2010
Today's Canadian Federal Budget has a proposal to allow for income tax to be deferred on the death of a Registered Retirement Savings Plan annuitant if the funds are paid to Registered Disability Savings Plan for the annuitant's financially dependant child or grandchild. The measure is explained in ...
Rule of Law - February 28, 2010
Tomorrow, March 1, 2010, is officially my first day at my new firm Sabey Rule LLP.I will be practicing with Ken Sabey, with whom I practiced at Beairsto and Company, just over eight years ago. Ken handles real estate transactions, business law and estate planning and administration.
Rule of Law - February 27, 2010
It is common for trust agreements to provide for the appointment of successor trustees if the first trustee retires as a trustee, or is unable to act. Where the trust documents provide for successor trustees, it is critically important to follow the terms of the trust when a successor trustee takes ...
Rule of Law - February 27, 2010
If you want to compare the current Supreme Court of British Columbia Rules of Court with the new Supreme Court Civil Rules, which are coming into effect on July 1, 2010, you can check out the table of concordance available online from the Ministry of the Attorney General
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