Archive for April, 2013

Advance Care Planning and Representation Agreements

In the lead up to National Advance Care Planning Day, which took place on April 16th, the Globe and Mail printed a short interview with Balfour Mount, the creator of the term “palliative care”. His work focuses on relieving patients’ pain and preventing patients’ suffering by taking a holistic approach to patient care. Palliative care recognizes… View this post »

Probate Rules Updated

The Wills, Estates and Succession Act (“WESA”) comes into force on March 31, 2014. At the same time, the Supreme Court Civil Rules (the “Rules”) related to probate and estate administration are being amended to “reflect the changes brought about by the enactment of the Wills, Estates and Succession Act and to generally modernize the… View this post »

Supreme Court Provides Further Clarification on Test for Incapacity

Courts are often asked to determine whether the deceased had sufficient mental ability to execute a Will.  This ability is called “testamentary capacity.”  Many factors are considered in such cases, and courts in British Columbia have long referenced the 1870 English court decision, Banks v. Goodfellow.  There, the court acknowledged that it had a difficult… View this post »