Electronic Wills in British Columbia

Under new amendments to the Wills, Estates and Succession Act, [SBC 2009] Ch. 13, it is now possible to have your will completed remotely in electronic presence over video-conference such as MS Teams, Zoom etc.

This new change to the legislation allows for a will to be prepared and signed in an electronic manner and for it to be stored electronically. This has benefits for remote communities or members of the public that are immunocompromised or simply do not wish to meet in person with witnesses or their lawyer. Furthermore, it does eliminate the need for storage of a physical paper copy that can be easily misplaced or damaged.

These amendments have allowed for new ways for anyone to complete their will in British Columbia, however, there are new concerns and things to consider when preparing and electronic will:

  • Revocation - different to standard will;

  • No changes can be made to elecronic wills a new one must be signed each time a change is made;

  • Concerns over storage of digital files and file degradation or corruption.

It is imperative to get advice if you are considering making an electronic will.

If you need help drafting a will or any other testamentary document, please do not hesitate to contact us.

Two Year Ban on Property Purchases for Non-Canadians!

From January 1, 2023, for two years there will be a ban on foreign nationals purchasing property in Canada under the "Prohibition on the Purchase of Residential Property by Non-Canadians Act, S.C. 2022, c. 10, s. 235." (the “Act”). There are certain exceptions in the Act that allow certain non-Canadians to still purchase property such as those that have a Canadian spouse, however, much of the application of the act will be decided by any Regulations that are due to be published. We have to wait and see what the full scope and reach of the Act will be once those Regulations are published.

In the meantime, if you are not a Citizen of Canada or a Permanent Resident and are considering purchasing property in Canada, you may wish to consider buying by end of 2022!!

To read the act please follow link below:

https://laws-lois.justice.gc.ca/eng/acts/P-25.2/page-1.html

How to Plan for your Pet after your Death...

We always think of our family and friends, but rarely do we consider our furry family members. It is true that the life span of our pets is usually shorter than our own, but you never know. Look at the Queen’s corgis whose fate after her death was source of news articles all over the world and many were concerned what would happen to her beloved companions.

This is why all pet owners should consider how to plan for their pet’s safety and comfort should the worst happen, and we leave them first. The planning for our pets future can be as simple as adding a clause to our will naming a protector who will take care of them when we are no longer able to do so. There are of course more involved estate planning clauses that can be as complex as setting up a trust to make sure there are funds to take care of our furry companions for the span of their lifetime.

We are here to help you with all your Estate Planning needs be it for your two- or four-legged family or combination of both!

What happens if the person who was supposed to get a gift in your Will dies?

So you want your favourite person to get your stamp collection when you pass away and you make the appropriate arrangements in your Will to make that happen. But what happens if your favourite person passes away before you do?

When this happens, its called a “lapse” - the gift is said to lapse and what happens next depends on two things: (1) how that paragraph of your Will is drafted and (2) who your favourite person is in relation to you.

The first thing to remember is that if your Will specifies a back up person (called an alternate beneficiary), then the stamp collection would go to that person, but if your Will didn’t do that, then section 46 of the Wills, Estate and Succession Act would kick in.

Section 46 says that if your favourite person is your sibling or your descendant, then the gift would go to them. If your favourite person was a friend, then the gift would be added to the “residue” of your estate and be dealt with the same way your Will deals with the residue. The “residue” is the term for the assets that remain after all the debts have been paid and specific gifts have been given out.

This is just one small example of how getting legal advice can help you structure your estate so that what you want to have happen when you pass away actually does happen.

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Inclusive language ensures we don’t leave people out of our conversations or our work. Inclusive language acknowledges the diversity of people we work with and serve.