Call Us Today: 604-468-8900
Schedule An Appointment With Us 604-468-8900
Garton & Harris
  • Home
  • Lawyers
    • Philip J. Dadson
    • Stuart F. Ross
    • Patrick Verrier
    • Richard Payne
    • Qahir Jiwan
    • Harman J. Singh
  • Wills and Estates
    • Estate Planning
    • Wills
    • Powers of Attorney
    • Representation Agreements, Living Wills
    • Trusts
    • Probate and Estate Administration
      • Probate With And Without A Will
    • Will Challenges
  • Business Transactions
    • Buying Or Selling A Business
    • Incorporation Or Setting Up A Business
  • Litigation
    • Business Disputes
    • Construction Disputes
  • Real Estate
    • Residential Purchase And Sale
    • Commercial Real Estate
    • Property Development
      • Subdivision
    • Foreclosures
  • Family Law
  • Blog
  • Contact
  • Menu Menu

Canada court rejects white supremacists’ right to inherit money

June 29, 2016/in Estate Administration & Probate/by gartonandharris

The Supreme Court of Canada ruled to uphold the decision of a lower court to halt the dispensation of a man’s estate to a United States-based white supremacist group. The Supreme Court ruled that it would not hear the appeal, which was filed by the Canadian Association for Free Expression.

The court did not offer a reason for the decision, which is not unusual for the court. Furthermore, it is not uncommon for an individual to be limited in terms of giving away his or her wealth in a will — especially when the bequeathment appears to contradict public policy.

The Association of Free Expression said in its appeal that the lower court’s decision represented a violation of the decedent’s right. The man gifted his estate to National Alliance — a West Virginia-based white supremacist organization. According to a chairman of National Alliance, he actually knew the decedent, who formerly lived in West Virginia. However, in 2013, the man’s sister successfully challenged the will by stating that it was not in alignment with public policy and therefore illegal.

In a different and separate matter, the Supreme Court refused to hear an appeal from a black woman, who said that her father disinherited her for racist reasons — because she gave birth to a child from a white man. However, the court rejected the appeal. According to a legal expert, that matter was different because did not call into question the will itself, but merely called into question the choice of beneficiary. In the instant case, on the other hand, the matter involved a group that participated in activities that were illegal in Canada.

This case highlights how important it is to work with an experienced lawyer when drafting a will. A lawyer can work to ensure that a will can survive being challenged in court, and that all the language and beneficiaries are legal and above board.

Source: Reuters, “Canada top court rejects appeal in white supremacy probate case,” Ethan Lou, June 09, 2016

https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png 0 0 gartonandharris https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png gartonandharris2016-06-29 00:00:002020-09-18 20:34:40Canada court rejects white supremacists’ right to inherit money

Do I need a power of attorney for personal care?

June 21, 2016/in Power of Attorney/by gartonandharris

Many residents of British Columbia do not know that a power of attorney for personal care is a real, legal document. Most people think of powers of attorney strictly as tools for managing financial matters in the event of incapacity. However, a power of attorney addressing one’s personal care needs is a valid legal document that can be every bit as important as a financial power of attorney.

If you already have a general power of attorney or one that strictly outlines financial matters, then you are already on the right path. All powers of attorney are very powerful tools that give you peace of mind and security in all phases of your life. Getting the proper personal care after one becomes ill or otherwise incapacitated should never be taken for granted. The personal care-focused power of attorney allows you to appoint a substitute decision-maker, or an SDM. This should be someone in whom you have a great deal of trust.

Your SDM can make all the difference in how you are cared for should you become mentally incapacitated or severely ill and cannot make important decisions. For example, physicians and health care providers must acquire your SDM’s consent before they can perform medical procedures or place you in treatment.

For those who worry about what may happen to them if incapacity does occur, the power of attorney for personal care is an efficient solution. It gives you the power to remain in control of your health in nearly all scenarios. You can find out everything you need to know about this type of power of attorney by consulting with a wills and estates lawyer who serves British Columbia citizens.

Source: CLEO, “Why should I have a Power of Attorney for Personal Care?,” accessed June 21, 2016

https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png 0 0 gartonandharris https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png gartonandharris2016-06-21 00:00:002020-09-18 20:35:04Do I need a power of attorney for personal care?

Your life, death and legacy in the 21st century

June 14, 2016/in Wills/by gartonandharris

For a long time in the history of mankind, people did not give much thought to their death or their legacy. They lived day-to-day, surviving and enjoying life’s happier moments until death overtook them. The modern times of today gives people the opportunity to take a deeper look into the future. As a result, many Canadians seek to find a way to enjoy life in the now while also contemplating what will happen to their legacies after death.

Wills, trusts and overall estate planning provide a way to address future concerns that may arise post-death. There are basically two approaches: the bare bones minimum and the comprehensive in-depth. The latter is largely considered legacy planning by many citizens of British Columbia. This type of planning strives to address in your death all of the things you cared about during your life. This can include your family, your property and even your favorite charities.

For those who are interested in the comprehensive approach to estate planning, a lawyer is an invaluable resource. He or she can introduce you to concepts of planning you have not thought of. For example, a lawyer can help you address your family history in your estate planning documents. Legacy planning can also help you outline precisely how you pass along treasured family heirlooms and other historical items.

In planning to preserve your legacy, you can include a special type of document called an ethical will or a legacy letter. With this, you can pass on your morals, your values, your belief system and other personal or intimate things for your survivors to cherish.

In short, your life, your legacy and even your death can take on more meaning for those you leave behind. We invite you to take a look at our website for additional information about British Columbia wills and estate planning.

https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png 0 0 gartonandharris https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png gartonandharris2016-06-14 00:00:002016-06-14 00:00:00Your life, death and legacy in the 21st century

Don’t overlook your digital assets during estate planning

June 9, 2016/in Estate Administration & Probate/by gartonandharris

Technological advancements have made it easy for every Canadian to cultivate a digital presence. This enables people to broaden their lives, grow worldwide friendships and carry out financial tasks all from the comfort of home. Having a digital presence means users are required to create access information such as usernames and passwords. While it is crucial to keep this access information closely-guarded, it can be problematic after a person dies.

Even the most detail-oriented resident of British Columbia may overlook their digital presence when estate planning. As a result, it could be impossible for heirs or estate administrators to access these digital accounts. This might not seem like a big deal for social media accounts like Facebook and Twitter, but for financial accounts, it could mean trouble. The solution is to keep a constantly updated list of digital accounts, including usernames and passwords, in a safe place. Examples include home safes or vaults and safety deposit boxes.

You should also take steps to include digital asset details in your estate planning documents. This will make estate administration much easier for your chosen representatives and will eliminate any confusion about what kind of digital assets you possess. With so much of the country’s population using electronic methods of account control, it only makes sense to ensure that your estate administrator can access and manage your accounts after you die.

If you are in the process of creating or updating your estate plan with your lawyer, it is a good time to address your digital accounts. Remember that you will need to update this information regularly as you acquire new digital assets or close out certain accounts.

Source: Canadian Living, “How to plan your digital estate,” Helen Racaneilli, accessed June 09, 2016

https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png 0 0 gartonandharris https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png gartonandharris2016-06-09 00:00:002020-09-18 20:35:27Don’t overlook your digital assets during estate planning

Get professional guidance when changing your power of attorney

June 3, 2016/in Power of Attorney/by gartonandharris

We all know that sometimes even the best laid plans can go awry. For example, a person puts a great deal of thought into a power of attorney but circumstances arise that may require changes. Perhaps the person he or she has chosen to act as attorney becomes ill or passes away. Whatever the reason, sometimes legal documents must be updated, revoked or suspended in order to meet the needs of the individual. A power of attorney is one such document that occasionally needs attention.

When a power of attorney is changed or revoked, there are things that must happen for the document to be legal in British Columbia. This is a job lawyers can handle very efficiently. Lawyers understand how to make the required changes without rendering the document invalid. As an example, consider this: You have made changes to your power of attorney but did not know you must provide written notice to the person or persons acting as attorney. It is entirely possible that your carefully-prepared power of attorney is no longer valid because of this error.

There are many reasons when a change to your power of attorney is necessary. However, in the interests of keeping your estate plan strong and airtight, you will want to have a lawyer help you make these changes. In this way, the legal documents you have chosen to work in your best interests will continue to protect you and your loved ones.

While planning your estate may often seem complicated, you can always get the help you need from a lawyer familiar with estate planning. To learn more right now, we invite you to review our website or reach out to our staff members.

https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png 0 0 gartonandharris https://gartonandharris.com/wp-content/uploads/2020/11/garton-and-harris-logo-full-02.png gartonandharris2016-06-03 00:00:002020-09-18 20:35:51Get professional guidance when changing your power of attorney

Categories

  • Blog
  • Civil Appeals
  • Civil Litigation
  • Class Action Litigation
  • Estate Administration & Probate
  • Federal Appeals
  • Power of Attorney
  • Uncategorized
  • Wills

Recent Posts

  • Are do-it-yourself wills worth the risk?
  • What can go wrong when buying a business in Canada?
  • How to “stress test” a will throughout one’s life
  • Are wills necessary if all assets have joint ownership?
  • How should individuals update their wills following a divorce?

Archives

  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014

Schedule An Appointment With Us

SEND US AN EMAIL

© 2023 by Garton & Harris. All rights reserved.
Disclaimer | Site Map | Privacy Policy

REVIEW OUR FIRM

Scroll to top