All posts in the ‘Executors & Trustees’ category

Executor Granted Disclosure of Legal Advice Given to Deceased Will-maker

Solicitor-client privilege is a legal principle that protects, or “privileges”, communications that involve the provision of legal advice between a lawyer and their client, and requires the lawyer to hold the content of those communications strictly confidential. Unless one of the narrow exceptions to the rule applies, only the  client has the right to divulge… View this post »

Did the 2016 BC Budget put “bare trust” planning in jeopardy?

Many estate plans involve a “bare trust.”  This document allows one person to hold the legal title of a property in trust for another person who is the true beneficial owner.  The bare trust can be used to transfer ownership without triggering BC’s Property Transfer Tax, which only applies when there is a registered change… View this post »

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 »