By Patrick McMurchy Estate litigation has changed dramatically over the past few years, reflecting changes in our society. Many of the changes acknowledge we now live in a less legally formalized society. In B.C., until very recently, wills were only effective if they met required strict compliance with formalities set out in
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Estate Litigation
Misuse of Powers of Attorney
By Patrick McMurchy A power of attorney is a powerful legal document. Generally, once the grant is made an attorney is authorized to do anything the grantor could have legally done. Powers of attorney are increasingly used in B.C. to allow for the care and management of elderly people’s financial affairs.
December 10, 2018 , Estate Litigation in NanaimoEstate Litigation lawyer in NanaimoEstate Litigator in NanaimoRemoving an executor
Removing an executor
By Patrick McMurchy The Wills, Estates and Succession Act, (“WESA”), provides the authority for a court to remove an executor. As a general rule, courts are reluctant to make the order. Traditionally, there have been three reasons for this reluctance. First, the appointment of an executor is seen as a right of a testator and
December 03, 2018 , Estate Lawyer in NanaimoEstate Litigation in NanaimoExecutor's feesWhat fees can an executor charge
Executor’s Fees
By Patrick McMurchy There are two categories of fees an executor may claim. The first is a one-time fee based on the gross aggregate value of the assets of the estate. Here, the executor’s fee is limited to a maximum of 5% of that value. The other is typically charged annually for the care and
November 30, 2018 , Estate Lawyer in NanaimoEstate Litigation in NanaimoWESAWhen a beneficiary can act on behalf of an estate
When a beneficiary can act on behalf of an estate
By Patrick McMurchy Section 151 of the Wills, Estates and Succession Act, (“WESA”) authorizes a beneficiary to commence or defend an action on behalf of an estate. In order to qualify, the person must be a beneficiary under a will or under the rules which apply if there is no will. Under s. 151
Rectifying errors in a Will
By Patrick McMurchy Section 59 of the Wills, Estates, and Succession Act, (“WESA”) authorizes a court to rectify errors in a will. The objective of rectification is to correct errors so that the will reflects the true intentions of the will-maker. Under this section, the court has authority to rectify a will to correct
October 30, 2018 , Estate Lawyer in NanaimoEstate Litigation in Nanaimosection 58 WESAsection 58 Wills Estates and Succession Actwill-like effectWills and Estate
When a document that’s not a will can be treated like a will
By Patrick McMurchy Before the passage of the Wills, Estates and Succession Act, (WESA), in 2014, British Columbia was a “strict compliance” jurisdiction, for a will to be valid and effective, it had to comply strictly with execution and attestation formalities under the Wills Act and the same was true for revoking, altering or
October 30, 2018 , Estate Lawyer in NanaimoEstate Litigator in Nanaimonecessary capacity to write a willtestamentary capacityWills and EstatesWills Variation
Factors that determine testamentary capacity
By Patrick McMurchy The issue of testamentary capacity often arises in estate litigation. With the passage of the Wills, Estates and Succession Act, (“WESA”), in 2014, the issue is likely to be subject of increased estate litigation in B.C. The reason for this is that now, under WESA, informal records and documents may
October 30, 2018 , Designated BeneficiariesEstate Lawyer in NanaimoEstate Litigation in NanaimoEstate Litigator in NanaimoWills and Estates
Assets with designated beneficiaries may still be part of the estate
By Patrick McMurchy People often designate beneficiaries to their RRSPs, RRIFs, insurance policies, and other financial instruments. In fact, it’s often suggested or even required by the investment institution itself. The general intention of designating beneficiaries is to have the proceeds pass on death to the beneficiary outside the estate. In many cases
October 25, 2018 , Estate Lawyer in NanaimoEstate Litigation in NanaimoEstate Litigator in NanaimoLawyer failing to protect elderly clientsUndue Influence
Lawyer failing to protect elderly clients and risks to the helpful child
By Patrick McMurchy An elderly parent may wish to dispose of property by way of gifts during their lifetime or make a new will. They may also want to pass property outside the estate by creating joint ownership of real estate and bank accounts, or by designating beneficiaries of RRSPs or other financial investments.