I want to be an organ donor when I die. Is this something I must include in my Will or is it sufficient to tell someone or just have it noted on my drivers licence?

Estates, Uncategorized

Although you should certainly share your decision with family members so that they are aware of your wishes, you must register with the Organ Donor Registry to be an organ donor in British Columbia. The Organ Donor Registry replaces all previous ways of recording your wishes, including signing up through your B.C. Driver’s Licence or…

I have been told by your office that if I bring my elderly mother in to see you for a Power of Attorney, I will have to stay in the waiting room. I am not very happy about that. Can you tell me why I can’t come in?

Power of Attorney, Uncategorized

There are a number of reasons. Firstly, because I have to determine whether she has capacity to give a Power of Attorney. In order for someone to give Power of Attorney, they must have a very high level of capacity as it is a very powerful document. Often, quite senior clients will look to their…

Q. We had our Wills done last year and there was a Will’s Notice filed at that time with the Wills Registry. So what happens if we move? Should there be a new Notice filed and if so, who does that?

Estates, Uncategorized, Wills

A Will’s Notice indicates that you have done a Will, the date it was signed and the location of the original. If you move and the location of your original Wills changes from what is in the Registry, or of course if you do a new Will, you should definitely file a new Notice with…

If my wife and I get divorced and don’t do new Wills, would my Will still be valid and would she still be entitled to the interest in my estate that my Will presently gives her and expected to act as my executor if I die?

Uncategorized, Wills

There is new estate-planning legislation in BC called the Wills, Estates and Succession Act (“WESA”) which came into effect March 31, 2014, and replaced most of our existing estate-planning legislation. Under the WESA, the Will would remain valid, but any gift to your wife or any appointment of her as your executor or trustee is…

It has always been my understanding that any assets I hold jointly with my husband would go to him when I die. A few months ago, you printed a column that said if there was a plane crash and no way of determining who died last “each member of a couple who die together will be presumed to survive the other so both Wills would be followed”. What happens to joint assets in that scenario?

Estates, Uncategorized, Wills

Under the Wills, Estates and Succession Act, the joint ownership is severed and your estates would each own 50% of each previously held joint asset outright.