Legal terms defined from the weird and wonderful world of trusts, wills, estates, probate, adult guardianship and elder law.
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.
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.
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.
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.
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.
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.
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.
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.
Famous last wills and testaments over the ages of human history.
When a will surfaces in circumstances that the testator is suspected of being of unsound mind, a host of issues arise, sometimes fueled by money or defended by greed. The law watches....
The law behind those powerful and very personal document, the power of attorney.
An Intro to Trust Law ... now them thar pregnant words if I ever saw 'em. And yet here it is; in plain language ... trust law intro for neophytes.
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.
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.
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.
Representation Agreements; complex document in which an adult may preselect 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.
You hear the Voice bellow down from Above: "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. Well, relax, let us save your life. You've come to the right place.
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.
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.
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 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: a beginners's guide to the greatest will in the known universe.
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.
When things get nasty, watch the dust fly off the old trust law books otherwised unused at the local law library. Here's your ring-side guide to the bouts.
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.
aka ... "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?
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.
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.
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!