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Vancouver BC Litigation Lawyers: Hobbs Giroday

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    • Vision & Values
    • Fee Arrangements
    • Organizational Memberships
    • Testimonials
  • Practice Areas
    • Estate Solutions
      • Probate
      • Validity of Wills
      • Wills, Estates and Succession Act (“WESA”)
      • Trust Litigation
      • Articles
    • Negligence
      • Professional Negligence
      • Medical Malpractice
      • Dental Malpractice
      • Personal Injury
      • Products Liability
      • Articles
    • Business Law
      • Contractual Disputes
      • Enforcement of Judgments
      • Debt Collection
      • Shareholder Disputes
      • Securities Litigation
      • Construction
  • Our Team
    • David Hobbs
    • Ian Giroday
    • Berta Lopera
    • Dylan Segal
    • Austin DeBrincat
    • Danielle Carman
    • Lauryn Wray
  • Resources
    • All Articles
    • FAQ Videos
    • Podcasts
    • Publications
      • Legal Articles
      • Case Comments
      • Reported Cases
      • Business Law Resources
    • Media
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  • Careers
  • Contact

Hobbs Giroday Podcast: Episode 2

In Episode 2, Ian Giroday will discuss factors the court considers in a wills variation. David Hobbs explains the legal definition of ‘committee’. The show page contains detailed show notes.

Factors the court considers in a wills variation & the legal definition of ‘committee’.

https://media.blubrry.com/hobbsgiroday/p/content.blubrry.com/hobbsgiroday/hobbs-giroday-podcasts-ep2.mp3

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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

Contact us if you require legal assistance:

Tel: (604) 669-6609
Toll Free: 1 (844) 568-1004

email info@hobbsgiroday.com

 

 

 

 

Category: Articles, Podcast

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