Blair Franklin

I have Separated from my Spouse. Can I make a New Will?

If you and your spouse separate, you can make a new will before you have finalized your divorce and other related matters such as property division and support. However, if you were to pass away, your family law claim must be resolved before any family assets that are supposed to pass through your estate are […]

Is My Will Still Valid After Separation or Divorce?

An existing will is still valid after separation or divorce. However, section 56(2) of the Wills, Estates and Succession Act, S.B.C. 2009, ch.13 provides that any appointment, power of appointment, or gift to a spouse of a will-maker who has ceased to be a spouse at the time of the will-maker’s death is revoked. If […]

What Happens if a Beneficiary Dies?

The death of a beneficiary named in your will can impact the way in which your estate is distributed. The nature of the impact will depend on the terms of your will. Estates are often distributed by way of their “residue” as opposed to the distribution of specific assets. The residue of your estate is […]

Get To Know Our Lawyers – Blair Franklin

In practicing law for over 20 years, Blair has been interested in giving his clients pragmatic advice, while helping them navigate and avoid problems. Blair’s interest in problem solving is what lead him to a career in law. Overall, it is the people and problem solving that he enjoys most about practicing law. Blair has […]

Incorporation

You can operate a business as proprietorship/partnership or through a corporation.  A proprietorship is a business operating by one person and partnership is a business operated by 2 or more people. A corporation once created is a completely separate legal person that can own property and in most respects is treated as a separate person. Unless […]

Living Wills

The term ‘living will’ is a term from the United States that has been adopted into everyday language, and typically refers to any kind of advance care planning document. The term ’living will’ is not in B.C.’s health care consent legislation, although it is generally accepted to mean a person’s wishes for future health care. […]

Advance Directives

On September 1, 2011, the Health Care (Consent) and Care Facility Admission (Act) was amended to provide for advance directives. Advance directives replaced what was usually referred to as a living will in B.C. A living will done before September 1, 2011 is valid as an advance directive if it states: An advance directive is […]

Limitation Periods

A new Limitation Act, was adopted in B.C. on June 1, 2013. Under the new Limitation Act, the basic deadline for most claims is now 2 years. It replaces the former two, six and 10-year limitation periods for most civil claims. The new 2 year basic limitation period is 2 years from discovery so it […]

The Implications of Incorporation

Blair Franklin will be presenting on the Implications of Incorporation, this Thursday, October 02, 2014, from 6:30PM to 8:00PM at the Greater Nanaimo Chamber of Commerce Office(2133 Bowen Rd, Nanaimo, BC V9S 1H8).

Business and Corporate Names and Trade-marks

Business Names A business name is a name under which a person conducts their business. The full name of the business will include the proprietor or partners of the business. For example, the business name could be Smith’s Upholstery, which is a proprietorship, the full name of which would be Jane Smith carrying on business […]

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