Archive for August, 2015

The Even-Hand Rule

If you are acting as an executor, it is important to remember the even-hand rule: unless the Will says otherwise, the executor must treat all of the beneficiaries equally (i.e. with an even hand). The even-hand rule is not always straightforward because different beneficiaries may receive different interests in the estate.  Consider a case where… View this post »

Application of WESA: Date of Death or Date of Will?

Since March 31, 2014, the Wills, Estates and Succession Act (“WESA”) has been the applicable legislation regarding wills and estates matters in British Columbia. WESA gives the courts the power to “cure” deficiencies in Wills that would formerly have been invalid for failure to comply with the required formalities under the less forgiving Wills Act… View this post »

Joint transfers with children can have devastating results

According to the sort of estate planning advice that gets dispensed over back yard fences and in gym locker rooms, transferring property into joint tenancy with children is the easy way to accomplish a number of things – often avoiding probate fees, and sometimes a desire to leave a particular property to a child outside of the will. Unfortunately… View this post »