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Fur Baby

September 22, 2020 Category News, Our Latest Insight

In the 21st century, it is becoming commonplace for many people to forego having children. Whatever the reason, be it the economy, station in life, or personal preference, it is becoming far more the norm to see individuals or couples opting instead to adopt pets or “fur babies.” In the case of spouses, what happens […]

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Parents and their Child’s Property

June 3, 2020 Category News, Our Latest Insight

Many parents assume that they have a legal right to hold and manage their child’s monies, or other assets, without limitation. This assumption was correct under B.C. law until 2013 when the Family Law Act (the “Act”) was proclaimed. The Act sets out who can hold and manage a child’s money or other assets. A […]

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The Executor’s Right of Renunciation

March 5, 2020 Category News, Our Latest Insight

In British Columbia, an individual named as an Executor in a will can choose to decline to act at the time of the willmaker’s death.  ( see section 104 of the Wills, Estates and Succession Act of BC – the “WESA”). If refusing to act, the Executor is said to be renouncing. To renounce is […]

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Wills Variation Legislation allowing an independent adult child to vary a Will is found unconstitutional in Nova Scotia

August 29, 2019 Category Estate Litigation, Our Latest Insight

In Lawen Estate v Nova Scotia (Attorney General), the Supreme Court of Nova Scotia ruled that testamentary autonomy is protected under section 7 of the Charter of Rights and Freedoms (“the Charter”). Consequently, it found that sections 2(b) and 3(1) of the Testators’ Family Maintenance Act (“the TFMA”) violated section 7 of the Charter and […]

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Understanding Executor’s Obligations and Duties

April 25, 2019 Category News, Our Latest Insight

It is an honor to be asked to act as an executor of a family member or friend. Before accepting an appointment, however, it is important to understand the obligations and duties of an executor.  The law treats an executor as a trustee, and imposes a high standard of conduct on all aspects of an […]

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Presentation – Wednesday, September 26th, 2018 – “The Importance of agreements in family law”

September 5, 2018 Category Community, News, Our Latest Insight

Join our family lawyers Emma Neary and Jim Monier-Williams for their free presentation open to the public on Wednesday, September 26th, 2018 from 11:30 – 12:30 p.m. Location:  Oak Bay Library meeting room, 1442 Monterey Ave, Victoria BC, V8S 4W1. The presentation will address the following issues: What is a cohabitation/prenuptial agreement and why you […]

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Assisted Death in Canada

October 11, 2017 Category Incapacity Planning, Our Latest Insight

The right to seek assistance with suicide was illegal prior to Canada v. Carter, a Supreme Court of Canada decision from 2015, in which the Court made a unanimous ruling that the current laws prohibiting physician-assisted suicide were repugnant to section 7 of the Charter.  The Court proposed an exemption which would allow a competent […]

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Canadian Private Corporations Upset

July 26, 2017 Category News, Our Latest Insight

On July 18, 2017, Canada’s Minister of Finance, William Morneau, released the consultation paper “Tax Planning Using Private Corporations” and corresponding draft legislation. The paper is a follow-up to the 2017 Federal Budget, which identified tax-planning strategies that owners of private corporations are utilizing to gain what the government views as unfair tax advantages. The […]

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To the Viktor goes the spoils

May 4, 2017 Category Our Latest Insight

To the “Viktor” go the spoils…. that is, anywhere but BC Only in BC can an adult child challenge his/her parents’ will on the basis that it is not “fair.” Our courts can, and regularly do, vary wills on the basis that the provisions are unfair to a particular person in a will, or more […]

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