by Or Regev In Episode 3 of the Hobbs Giroday Podcast I discussed three pitfalls to be mindful of when deciding whether to add your child on title to your property. One such pitfall is your child’s creditors will be able to file claims against your property; this can lead to a forced sale, an …
Wills Variation in Canada
by Or Regev Wills variation, or dependent relief, legislation has been present in Canada for almost a century, but I often hear people questioning why we have such laws and whether they exist outside of British Columbia or Canada. These are understandable head-scratchers. At first blush, wills …
More Than Just Marriage: Are You a Spouse Under WESA?
Background Section 60 of British Columbia’s Wills, Estates and Succession Act, [SBC 2009] Chapter 13 (the “Act”) gives legal entitlement to a will-maker’s ‘spouse’ to apply to vary that will-maker’s will. A potential claimant may wish to pursue such claim if he or she has been left out of a …
Are you a Child under WESA?
Section 60 of British Columbia’s Wills, Estates and Succession Act, [SBC 2009] Chapter 13 gives entitlement to a will-maker’s ‘spouse’ or ‘child’ to apply to vary that will-maker’s will. A potential claimant may wish to pursue such claim if he or she has been left out of a will entirely, or …
Removing and Replacing a Personal Representative of an Estate
by Ian Giroday There are numerous possible reasons why a person who is, or is entitled to become, a personal representative of a deceased person’s estate should not be appointed as such or should be removed and replaced. This article sets out some common scenarios where a person could be passed …