A “Power of Attorney[1]” is a legal document through which one person, known as “the donor”, authorizes a second person, known as “the attorney”, to act on their behalf.  The document grants power to the attorney to step into the donor’s shoes and to act on their behalf relative to legal and financial matters. The

What is Undue Influence Section 52 of The Wills, Estates and Succession [1] Act (“WESA”) creates a presumption of undue influence in relation to disputed wills where certain types of relationships exist.  That section speaks to undue influence and provides as follows: “In a proceeding, if a person claims that a will or any provision

A person’s last Will is a very important document.  It sets out the Will maker’s intentions for the distribution of all of their property upon his or her death.  Once the Will has been probated (proved to be valid), the executor appointed by the Will maker has the duty of paying the debts of the

A trust is created by the “settlor”, who provides the assets of the trust. The legal title to the trust assets is held by a “trustee”.  The trustee holds the assets for the benefit of the “beneficiary” of the trust.  Many trusts are intentionally created by settlors to achieve specific purposes.  Some of the most

Under B.C. law, a spouse or child of a person who leaves a will that is believed to inadequately provide support can request that a court modify the terms of the will. Section 601 of the Wills, Estates and Succession Act (WESA) permits the court to change the terms of the will if, in the

If a loved one asks you to serve as trustee1 or executor of their estate, you will likely feel honored that they believe you are reliable and trustworthy enough to watch over their affairs after they pass away. This honorable feeling often leads too many people to rush to answer “yes” without thoroughly considering the