Wills

Can I Contest that Will?

October 20, 2011

In British Columbia, very few people are entitled to contest the terms of your Will. Under section 2 of the Wills Variation Act, the Court may order a modification of the terms of your Will if it determines you have not made “adequate provision for the proper maintenance and support” of your spouse or children. [...]

Read More

Inequity Between Beneficiaries

October 17, 2011

With respect to unequal treatment of siblings, two recent cases have further entrenched the notion that gifts made to a child by a parent prior to death are a legitimate consideration in both the parent leaving a smaller share to that child through the Will, and to the courts refusing to vary such a Will [...]

Read More

Preventing Family Feuds

September 27, 2011

When it comes to deciding how their personal items will be distributed or disposed of, clients often say, “Oh, I’ll just let the kids sort that out after I’m gone.” In fact, I probably hear this (or something along these lines) at least once a week. The trouble is, friction is not always predictable – [...]

Read More

So-called “Simple Wills”

September 16, 2011

Simple wills can be obtained from a variety of sources: on-line services; drugstore kits, notaries public and yes, from lawyers too. I have even met with families whose deceased loved ones drafted their own wills by hand, from scratch, with no formal guidance whatsoever. Some people choose on-line and drugstore kits out of an overt [...]

Read More

Why Have a Will

September 1, 2011

People ask me all the time why I believe everyone should have a will. Here are my top 10 answers:  A will reduces legal costs after you die. Without a will, your assets and possessions will be distributed in accordance with statutory law rather than in accordance with your personal wishes. Without a will, additional [...]

Read More