Posts by Martin Sanderson
It’s Never “Just a Will”
We often hear some variation of the following: “I have a simple life and I want a simple will. Why are you asking for detailed information about my house(s), bank accounts, investments, life insurance, etc.?” In today’s post, we will provide a brief overview of why such information is so important for a lawyer asked to draft someone’s will.
Read MoreBlended Families and Estate Planning – Part 2
In part 2, e focus on the related topic of will variation claims, a matter that should be of serious concern for anyone living in a blended family.
Read MoreBlended Families and Estate Planning
Families in which one or both spouses have children from a previous relationship, known as blended families, present some particularly tricky challenges when it comes to estate planning.
Read MoreWhat Happens if I Die Without a Will?
This is a question we are asked regularly, usually by a relative of a deceased individual who does not have a will. This month we will explain some of the basics of the laws in British Columbia relating to dying without a will, also known as “intestacy” or “dying intestate”.
Read MoreWho is in Charge if an Executor Dies Before Completing Administration of an Estate?
Sometimes, an executor dies after beginning, but before completing, administration of an estate. Then, the question arises: who is responsible for completing the administration of the estate? Usually, this question is answered by the provisions of one’s will specifying alternate executors. On occasion though, either a will’s drafting does not address this possibility, or despite providing for several alternative executors, none of the named alternate executors are willing or able to take on the role.
Read MoreCan an Attorney Sell to Himself Using a Power of Attorney?
When one is appointed as an attorney under a power of attorney document that has been put in place by another individual (the “donor”) and acts as an attorney for the donor, one is acting as a fiduciary in relation to the donor. This means that one is subject to the associated duties, restrictions, and potential liabilities of a fiduciary.
Read MoreBC Moves to Allow Remote Witnessing of Wills, Powers of Attorney, and Representation Agreements
For hundreds of years in common-law jurisdictions around the world, a will-maker has been required to sign their will in the physical presence of the witnesses and the witnesses have been required to sign the will in the presence of the will-maker. Similar requirements have generally been applicable to the execution of Powers of Attorney and documents that allow one to appoint someone to make health and personal care decisions (a “Representation Agreement” in BC).
Read MoreEmployee Safety Requirements in Phase 2 of BC’s COVID-19 Restart Plan
As we roll into Phase 2 of BC’s Restart Plan many employers in BC are looking to open their doors again and bring staff back to the workplace. Before doing so, employers should make sure they are aware of, and have a plan for, how to meet new health and safety requirements that have been…
Read MoreTransparency Register
The British Columbia Business Corporations Act will soon require private BC companies to create and maintain a “Transparency Register”. A company’s Transparency Register must be kept within that company’s records book and must list information about “significant individuals”. As a result of COVID-19, the deadline for having a Transparency Register in place has been extended…
Read MoreDisclosure Requirements under the Property Transfer Tax Act – A Brief Overview
Over the past few years, various levels of government have introduced a variety of information collecting mechanisms in an effort to improve transparency surrounding property ownership and fight financial crime. This month we will discuss some relatively recent changes to the reporting required under the Property Transfer Tax Act (the “Act”). When an interest in…
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