Recent Articles

Sale of Property Gift in a Will by an Attorney under and Enduring Power of Attorney

Stan Rule
March 11, 2012 21:11

In British Columbia, if you have been appointed an attorney under and enduring power of attorney, and the person who appointed you loses his capacity to manage his or her financial affairs, you may not dispose of any specific property that is subject to a gift in the will of the person for whom you...

What Records Must an Attorney Keep When Acting Under An Enduring Power of Attorney in British Columbia?

Stan Rule
March 11, 2012 21:08

If you are acting as an attorney under an enduring power of attorney in British Columbia you are now required under the Power of Attorney Act, and the Power of Attorney Regulation to keep financial records in respect of the person who appointed you. I previously wrote about an attorney’s duties...

British Columbia Court of Appeal Decides Mawdsley v. Meshen

Stan Rule
February 29, 2012 07:13

In a decision released on February 28, 2012, the British Columbia Court of Appeal held that the transfer by Joan Meshen of a substantial portion of her wealth into an alter ego trust was not a fraudulent conveyance intended to defeat the claims of her common law spouse, Dennis Mawdsley. Mawdsley v....

University of Manitoba v. Sanderson Estate

Stan Rule
February 28, 2012 05:35

Mutual wills refer to wills made by two people who agree that after the death of the first of them to die, the survivor will either not change his will, or he will not change certain gifts in his will. For example, spouses in a second marriage may leave each other all or most of their wealth in...

Ottawa Courthouse

Stan Rule
February 26, 2012 19:57

I took this photograph of the Ottawa Courthouse in October, 2011, while I was attending the Canadian Bar Association, National Wills, Trusts and Estates Section  Executive meeting. Below is a somewhat more scenic photograph I took from my hotel room of the Parliament Buildings:

Can an Executor Use Estate Funds to Defend a Wills Variation Act Claim if the Will Directs Him To Do So?

Stan Rule
February 07, 2012 06:04

As I have written before, when a child or spouse applies to vary a will under the Wills Variation Act in British Columbia, an executor must remain neutral. A Wills Variation Act case is a dispute among those claiming under the Act and the beneficiaries of the will. It is not a claim against the...

Advance Directives and Representation Agreements

Stan Rule
February 04, 2012 06:05

The Canadian Bar Association, British Columbia Branch has published my article "Advance Directives and Representation Agreements: How do they differ?" in the February 2012 edition of Bartalk.In an advance directive you can give or refuse consent to specific types of health care in case you later...

McPeake v. Canada (Attorney General)

Stan Rule
January 29, 2012 21:04

If a trust agreement does not accurately reflect the intentions of the parties creating the trust, the trustees may make an application to court to rectify the trust. The power to rectify a trust may be used to save the parties from significant taxes that they would otherwise have to pay. Taxpayers...

Canadian Centre for Elder Law Announces 2012 Canadian Conference on Elder Law

Stan Rule
January 27, 2012 04:43

The Canadian Centre for Elder Law has announced that it is holding the 2012 Canadian Conference on Elder Law on November 16 and 17 in Vancouver, B.C. According to the press release:The Canadian Centre for Elder Law is pleased to announce the 2012 Canadian Conference on Elder Law is taking...

Domicile

Stan Rule
January 23, 2012 01:35

The laws governing the estate of a person who has died can vary considerable from country to country, and in Canada, even from province to province. For example, in British Columbia, an independent adult child can apply to court under the Wills Variation Act to vary the will of her parent if the...