Does Presumption of Resulting Trust Apply to Benefit Plan Designations?
The presumption of resulting trust is a well-known legal principle amongst estate lawyers. However, it may not be a familiar concept to many of the ... Continued
West Vancouver (District) v British Columbia (Attorney General), 2020 BCSC 966
On June 29, 2020, the BC Supreme Court issued its decision in West Vancouver (District) v British Columbia (Attorney General), 2020 BCSC 966 (CanLII). This ... Continued
Maintaining An Estate Practice in the Time of COVID-19
At the outset of this article, I acknowledge that my experience with this pandemic will be different from many of yours. I work in a ... Continued
Virtual Execution of Estate Planning Documents During COVID-19
UPDATE: On May 21, 2020, the Land Title and Survey Authority of British Columbia clarified that if an EPOA is signed and witnessed by a ... Continued
What Happens if a Family Member is Sick and Does Not Have a Will?
When a family member becomes sick, it is common for the minds of their loved ones to turn to the person’s estate plan, and particularly ... Continued
A Silver Lining? Estate and Tax Planning Opportunities
By Zachary Murphy-Rogers We have previously written about how the COVID-19 pandemic has had a significant impact on global trade and the world’s economies, and ... Continued
Good News for Charities: Gifts of Life Insurance
Author: Zachary Murphy-Rogers On May 1, 2020, the BC Financial Services Authority (the “BCFSA”) issued Information Bulletin Number INS-20-003, which clarifies its interpretation regarding section ... Continued
The Cy-Pres Application: A Potential Tool to Assist Non-Profits
Clark Wilson supports charities, in our firm culture and as a main practice area. With so many of our non-profit clients encountering disruptions due to ... Continued
Trustee Liability for Investment Losses
Authors: Richard Weiland, TEP and Zachary Murphy-Rogers The COVID-19 pandemic has had a significant impact on global trade and the world’s economies. Each of North ... Continued
Executing Estate Planning Documents During COVID-19
Physical distancing protocols during the COVID-19 pandemic have complicated the execution process for wills (“Wills”), enduring powers of attorney (“EPOAs”) and representation agreements (“RAs”). Each ... Continued
Who Will Speak for You if You Cannot Speak for Yourself?
Authors: Emily Clough, TEP and Zachary Murphy-Rogers National Advance Care Planning Day arose out of concern that a majority of Canadians are not prepared for ... Continued
Can You Remove Your Parent From a Care Facility? Yes, but Should You?
Long term care facilities have been described as the “front line” of the battle with COVID-19. Long before the pandemic, seniors’ advocates have cautioned that ... Continued