The probate process in British Columbia (B.C.) involves many legal complexities, especially when it comes to determining who qualifies as a "spouse." This definition is crucial because a spouse has significant rights in the administration of the deceased’s estate. In some cases, the situation can become even more complicated if there is more than one individual claiming spousal status.
In this blog, we’ll explore how the law defines a spouse for probate purposes in B.C., including scenarios involving multiple spouses, and discuss the implications for estate administration.
When you visit your lawyer to do an enduring power of attorney, you’ll likely be advised that the authority of your attorney (the person/people you’re naming to handle your affairs) begins as soon as the power of attorney is signed. The power of attorney does not just begin when you lose capacity. Your attorney can start using the document right away. Some clients are concerned about this and ask if the power of attorney can be changed so that it only takes effect once they lose capacity. This is called a “springing” power of attorney, and is often a bad idea.
Passing a business down the family tree is often difficult, especially with a business owned and operated by a company. With proper succession planning, you can pass on ownership and management of your carefully built business to younger family members – without conflict and with minimal tax consequences.
We’ve all seen those homemade do-it-yourself will kits at the local bookstore: “Wills Made Easy! $19.99!” Why would you ever pay a lawyer hundreds of dollars when such a cheap option is staring at you from the bookstore shelf? Because your beneficiaries deserve better. Spending money on a will is not for your benefit.
Writing someone out of your will is not usually a pleasant topic of conversation. Yet, in my dealings with estate planning clients, it’s not all that uncommon of a request
