Month: September 2009

FAQ

What is the legal age in BC? The age of majority is 19 in B.C. Do I really need a legal will and why? If you don’t have a will you estate will be divided by the Estate Administration Act. The rules in the Estate Administration Act are arbitrary and not necessarily what you would […]

Wills

Lets talk of graves, of worms, and epitaphs; Make dust our paper, and with rainy eyes Write sorrow on the bosom of the earth. Lets choose executors, and talk of wills: And yet not so, for what can we bequeath Save our deposed bodies to the ground? William Shakespeare, Richard II, Act 3 While it […]

Taking Care of Business

“I never think of the future, it comes soon enough” – Albert Einstein. While Einstein may not have thought about the future, you should. Since you can not avoid your future, you should be prepared for it. This is especially true if you own a business. In this article we will discuss the special considerations […]

Spouse?

Advice to persons about to marry – Don’t  (from the magazine, Punch, 1845). Most persons born in the first half of the last century would have followed their contemporaries into a formalized marriage. This was so, in our culture, for thousands of years. The universality of the experience provided the opportunity for many jokes like […]

Representation Agreements

Representation Agreements On February 28, 2000, B.C.’s laws dealing with mental infirmity in older people made a radical change in British Columbia. The Representation Agreement Act and several other new statutes were brought into effect. They have since been amended to deal with some of the initial problems. The Representation Agreement Act permits you to […]

Probating Wills and Adminstering Estates

The executor (person appointed in the will to take care of the deceased person’s wishes as set out in the will) applies to the court for probate of the will. If a person dies without a will a beneficiary usually applies to the court to be appointed as administrator of the estate. The executor or […]

Powers of Attorney

Since February 28, 2000, people in B.C. have been able to use either a power of attorney or a representation agreement to appoint someone to handle their financial affairs if they are incapacitated. The provisions in place to repeal the use of powers of attorney, have themselves been repealed, and the power of attorney will […]

Married in Haste

Married in haste, we may repent at leisure. William Congreve (ca. 1693) In our last article, we discussed changing legislation and interpretations by our courts that result in many persons assuming the responsibilities of spouses without marrying and without, in some cases, being aware that this is happening. Here we will address the responsibility to […]

Marriage and Cohabitation

Marriage has many pains, but celibacy has no pleasures. Samuel Johnson (1759) The dramatic social and scientific revolutions of the last 50 years have changed the way we think about our personal relationships. Marriage, historically a once in a lifetime event, (there were 4 divorces in England in the 256 years between 1601 and 1857) […]

Joint Accounts

The Supreme Court of Canada in 2007 release 2 decisions regarding joint accounts. In Pecore v. Pecore, 2007 SCC 17 and Madsen Estate v. Saylor, 2007 SCC 18 the issue to be decided was whether a joint account was intended to be a gift to the survivor or held in trust for the deceased’s estate. […]

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