Famous Wills

Famous Wills
Famous and outrageous last wills and testaments over the ages of human history.

Wills, Trusts and Estates Law Dictionary

Legal terms defined from the weird and wonderful world of trusts, wills, estates, probate, adult guardianship and elder law.

A Primer on Family Trusts and Tax

A Primer on Family Trusts and Tax
Family trusts serve many purposes in law but never the least of which is to avoid taxes.

Adult Guardianship - Patients Property Legislation

Adult Guardianship - Patients Property Legislation
When an adult loses the ability to manage their affairs, the law provides for a White Knight to be appointed, as an adult guardian. But the measure is exceptional as it strips the incapable adult of virtually all his/her legal rights.

Adult Guardianship: Who Takes Care of Granny?

Adult Guardianship: Who Takes Care of Granny?
In adult guardianship cases, the law does not provide a pecking order as to who ought to take care of those who are unable to take care of their own person or affairs. But we do.

Agency Law

Agency Law

So much is, can and should be done via agents in today's complex international commercial world. This article gives you an "in's and out's" of this branch of the law; the law of agents and of agency. At the table are agents, principals and third-parties.

Charitable Trusts

Charitable Trusts

Without charitable trusts, the world would be an empty, selfish place. As close to the work of Jesus as the law can get, charitable trusts deserve all the attention they can get.

Constructive and Resulting Trusts

Constructive and Resulting Trusts
Trusts can arise miraculously from the soil of a few careless acts, and are not always overtly intentional creations. The law has peppered itself with these immaculately conceived trusts wherever the beast is needed for requirements of justice or fairness.

Do Not Contest: Wills That Retaliate

Do Not Contest: Wills That Promise Retaliation
Clauses in wills in which a testator specifies retaliation against any beneficiary who might later contest the will are common, but not universally welcomed by the law.

Estate Probate or Administration in BC

Estate Probate or Administration in BC
The real dark side of death can be estate administration, British Columbia notwithstanding! If you've been saddled with this onerous, complex and often thankless job, read on.

Executor Pay: Fees for the Executor or Administrator of an Estate

Executor Pay: Fees for the Executor or Administrator of an Estate
Paying an executor or an administrator of an estate for their care and management of an estate can often be a painful experience, especially where little work has been done. This article looks at the relevant issues.

Grandpa's Gone Loco - Testamentary Capacity Issues In Canada

Grandpa's Gone Loco - Testamentary Capacity Issues In Canada
When a will surfaces in circumstances that the testator is suspected of being of unsound mind, a host of issues arise, sometimes fuelled by money or defended by greed. The law watches....

Intestacy | Who Gets What When a Person Dies Without a Will?

Intestacy | Who Gets What When a Person Dies Without A Will?
Intestacy: the distribution of an estate when a person, called the intestate, dies without a will.

An Introduction to Powers of Attorney in Canada

Introduction to Powers of Attorney in Canada
The law behind those powerful and very personal document, the power of attorney.

Introduction to the Law of Trusts

Introduction to the Law of Trusts
In plain language ... trust law for neophytes.

Mental Health Apprehensions: Habeas Corpus Be Damned

Mental Health Apprehensions: Habeas Corpus Be Damned
Over each of us, lawyers, judges and yes- even you guys out there! – hovers an arrest warrant lest we ever show, in the opinion of a certain other, a lack of competence to care for oneself.

Notice of Application For Probate or Letters of Administration

Notice of Application For Probate or Letters of Administration
Now you see it, now you don’t. Some provinces are beneficiary friendly. Others keep beneficiaries blind to the process of application for probate or letters of administration of an estate so important to their interests.

Presumption of Death From Absence

Presumption of Death From Absence ... or Missing Person Law

Absence makes the heart grow fonder ... and the law crazy! Rudderless property and rights create slow but certain havoc, a confusing state of affairs that the law remedies.

Application for Administration With Will Annexed

Probate, the Application for Administration With Will Attached
Application for Administration With Will Annexed or Letters of Administration With Will Annexed. What the heck is it and how does it work?

Representation Agreements in British Columbia

Representation Agreements in British Columbia
Representation Agreements; complex document in which an adult may pre-select a person to make personal and health care decisions for them in the unfortunate but sometimes inevitable event where the adult cannot make those decisions for herself.

Rule Against Perpetuities

Rule Against Perpetuities
"You! Recite the rule against perpetuities" You're a little shady on the Book of Genesis but you remember enough to think this Guy is not someone to fool with. Relax! Let us save your life.

Secret Trusts: Have Your Cake And Eat It Too

Secret Trusts: Have Your Cake And Eat It Too
Secret trusts are invaluable estate planning tools. This article describes the law behind, and the mechanism of a half-secret trust with reference to relevant judicial opinions.

Tax Steps in an Estate

Tax Steps In An Estate
What is the difference between a tick and the tax man? A tick falls off of you when you die. It's risky business as the administrator can be personally liable for any unresolved tax debts.

The 30-Day Survivorship Clause

The 30-Day Survivorship Clause
Why wills have so-called survivorship clauses - that John or Jane Doe only gets their share of an estate if they survive the testator by 30 days.

The Living Trust, Inter Vivos Trust: Trust Information You Can Use

The Living Trust, Inter Vivos Trust: Trust Information You Can Use
The living trust, aka "inter vivos trust", is an amazing legal tool, bared now in plain language, for all to understand, grasp and consider.

The Lost Will

The saga of the lost will, a much maligned story in the law of wills but and - oh! - such a real threat when, as it too often does in estate law, money rears its ugly head and makes decent folk turn crook and perjurer.

The Top Ten Must-Have Will Clauses

The top ten must-have will clauses: a beginners's guide to the greatest will in the known universe.

Trust Law: The Big Cases

Trust Law: The Big Cases
Trust law, given its equity origin, has a rich and still very vibrant case law backbone. This article sets out the nuts and bolts of the most important cases of them all.

Trust Law: When Things Get Nasty

Trust Law: When Things Get Nasty
When things get nasty, watch the dust fly off the old trust law books otherwise unused at the local law library. Here's your ring-side guide to the bouts.

Trusts: The Players

Trusts: The Players
Settlor asks trustee to manage to the benefit of a beneficiary. That's all folks .... until a bunch of judges and lawyers got their hands on the law.

Using Trusts to Assist Disabled Persons in the Receipt of Income Assistance

Using Trusts to Assist Disabled Persons in the Receipt of Income Assistance
The trust for persons with disabilities is an essential legal tool in the estate and financial management of any individual impaired by physical or cognitive disabilities.

Who’ll Be Administrator? Battling Estate Wannabees

Who’ll Be Administrator? Battling Estate Wannabees
When More Than One Cook Shows Up For Kitchen Duty. What to do when the widow, the kids and the nice old lady next door all show up at the Court house seeking to administer Dad's estate?

Wills in British Columbia

In God's country, aka British Columbia, Canada, wills are, as elsewhere, the primary legal document in which to give marching orders in respect to a person's estate, which includes debts and assets. This article looks at wills from a decidedly BC slant.

Wills in Canada - An Introduction

In spite of a high life-expectancy, sooner or later, in Canada, the will to write a Will will will your survivors to grief recovery.

Wills Variation For Dependants in Canada

Wills Variation For Dependants in Canada
Do you qualify to have a Will overturned because the old bastard didn't like you? Depends on what Province you live in ... and what time it is!