Factors the court considers in a wills variation & the legal definition of ‘committee’.
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Show Notes Episode 2:
- Ian Giroday reviews the factors the court considers in a wills variation action:
- Have to have a good understanding of factors the court considers
- Require a good understanding of the facts if considering a settlement
- Will maker has legal and moral obligation to provide for their spouse and infant children
- They have a moral obligation to provide for adult children
- Size of estate may determine if it can meet both legal and moral obligations
- Testator autonomy is an important concept – courts want to honour wishes of the will maker
- Court looks at a number of factors such as size of estate and relationship between claimant and will maker.
- Ian outlines a number of other important factors the court will examine
- David Hobbs on the legal term committee
- Relevant legislation in British Columbia is the Patient’s Property Act
- Committee refers to a person appointed by court order to look after the affairs of an individual who has lost the ability to manage their own affairs
- Affairs are looked at in two ways: financial affairs and the personal affairs (health and care)
- Applications are brought in court using a petition with evidence of two physicians
- Evidence is also required of the person applying to be appointed committee
- Different than power of attorney
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