All posts tagged ‘estate planning

Did a recent Court of Appeal decision ‘water down’ discretionary trusts?

A discretionary trust is an important estate planning tool for many purposes.  One purpose is to protect an inheritance for a person with a disability, and to ensure the continuing availability of social assistance for that person.  The Court of Appeal recently considered a discretionary trust in the context of an applicant for rental assistance… View this post »

BC Court Developing Law on When a Document is a “Will”

As I wrote in an earlier blog, section 58 of  WESA now gives the Court the power to order that a document that does not meet the formal requirements of a Will is nevertheless effective as a Will.  This power is called a “dispensing power”.  Last week, the Court exercised this dispensing power again, but on… View this post »

Court Orders a Letter to be Effective as the Last Will of the Deceased

WESA, the new estate legislation, contains a “dispensing power”, which allows a Court to order that a writing that does not meet the formal requirements of a Will is still effective as a Will.  This morning, Gordon Behan and I applied to Court for an order that a letter written by the deceased on the… View this post »