December 2016 - Garton & Harris

Wills should include all assets, including digital ones

December 28, 2016/in Wills/by gartonandharris

Technology reaches into every person’s life, both the young and the old. Computers and cellphones are no longer the exclusive domain of the youthful or wealthy. As a result, every person creates a digital footprint, as it were, as they move through life. The data generated by individuals is sometimes referred to as “digital assets.” Like any other assets, digital assets need to be dealt with in wills and other estate planning documents in British Columbia.

Digital assets include personal data like pictures and emails, but also encompass social media accounts, online bank accounts and stored payment information. The keys to accessing all this data are the various passwords used to protect them. Without leaving behind passwords, the executor and heirs to an estate could end up in a terrible bind. A list of passwords is one of the most fundamental pieces of information that needs to be entrusted to someone as part of estate planning.

Compiling a list of all known digital assets, and keeping it updated, will also help the executor when it comes time to locate and assess them. Notes should be made of locations of computers, hard drives, USB storage devices and cellphones. All accounts that may hold funds, like a PayPal account, and shopping sites with stored credit card details should be listed. Where possible, pre-arranging for an administrator to take over an account after the holder dies can simplify matters. Google allows for such a transition, and Facebook allows a user to choose between preserving an account as a memorial and having it deleted.

All of this may seem like a lot of work, but pre-planning for the management of digital assets after death will help ease the burden on an executor. Knowing that one’s assets are going to be dealt with properly can also provide peace of mind. A lawyer who regularly handles wills and estate planning in British Columbia may be of great assistance with this task.

Source: kiplinger.com, “Planning Your Digital Afterlife“, Judy Gordon, Dec. 21, 2016

Wills of particular importance to workers in dangerous jobs

December 21, 2016/in Wills/by gartonandharris

There is a tendency to think that only the oldest among us need to worry about making end-of-life plans. Some more enlightened individuals may realize that arranging one’s affairs is important for anyone with children, or any kind of significant financial holdings or other assets. The truth is, however, wills and other advanced planning directives are beneficial to anyone over 18 years of age. In particular, men and women working in hazardous industries should be prepared for any eventuality.

British Columbia has its share of potentially dangerous occupations. Among our working men and women are ocean-going fishers, stevedores, loggers and miners. And of course there are emergency service people like police officers and firefighters. Though everyone strives to work safely at all times, some professions carry an extra element of risk. For people employed in these career areas, it is well advised to consider some advance planning in case of an accident, fatal or otherwise.

An organization of firefighters in the United States recommends that all its members, regardless of age, make preparations for an accident. They suggest not only having a will, but also assigning power of attorney and naming someone to make medical decisions in case of a debilitating injury. Assuming that such decisions will automatically fall to a spouse or parent may be setting up loved ones for a difficult time down the road.

While those who perform dangerous duties on a regular basis should make provision for a possible accident, wills are a good idea for all adult residents of British Columbia. By working with an experienced lawyer, any individual can create a will, a trust or a power of attorney. Having these documents in place will provide peace of mind during life, and much need comfort and assistance in the event of an unexpected tragedy.

Source: firechief.com, “What to do before a firefighter is hurt“, Robert Avsec, Dec. 19, 2016

Power of attorney should be given carefully, and then monitored

December 15, 2016/in Power of Attorney/by gartonandharris

As men and women advance further into their senior years, it can become increasingly difficult for many to continue managing their own affairs. One possible solution for a senior is to grant power of attorney to a trusted friend or loved one who can then make complicated decisions on his or her behalf. Making that choice should be done with care, however, and it is okay to keep tabs on how matters progress down the road.

An expert on seniors’ affairs notes that the average person will live for another 10 years after they lose the ability to drive. Obviously, this makes them vulnerable and highly dependent on the assistance of others. The ability to make sound financial decisions also begins to deteriorate around this age, and this is when many older people in British Columbia decide to grant power of attorney to a family member, often a son or daughter.

Before making that decision, however, there are some factors to consider. For example, does this person have a track record of making good or bad financial choices? Are they financially stable themselves? It would also be wise to consider if they have any personal vices such as drugs, alcohol or gambling, or if there is a history of abusive or neglectful behaviour. Once granted, there is no harm or shame in keeping tabs on the decisions being made on one’s behalf.

Making the choice to grant power of attorney can be a difficult but ultimately comforting one. And it is good to know that it does not need to be permanent: a power of attorney can be revoked if it is being used inappropriately (or for any reason). Working with a lawyer who really understands estate law in British Columbia is an excellent way to make this important life choice with confidence.

Source: Radio Canada International, “Seniors vulnerable to financial abuse“, Lynn Desjardins, Dec. 6, 2016

A few useful facts about probate

December 8, 2016/in Estate Administration & Probate/by gartonandharris

Most men and women who find they have been named as executor of an estate have probably never performed the task before. As such, they may have some questions about unfamiliar terms and processes. One word that will come up a lot in the early stages is ‘probate.’

Probate is the process through which a will is declared valid by a British Columbia judge. Until that is decided, nothing can be done with the estate of the deceased. During this phase, the will could potentially be challenged by other parties, and the judge will have to rule on the validity of any challenges, as well.

It is worth noting that probate may not be necessary, depending on the nature of the assets of the estate. For example, land or homes owned in joint tenancy with right of survivorship do not require probate. Submitting a death certificate along with an application to the Land Titles Office should be enough to pass ownership of the property to the surviving tenant. The same holds true for joint bank accounts, and jointly owned vehicles. Insurance policies and RRSPs that name beneficiaries also do not require probate; however, holdings such as stocks and bonds may need to be probated, so it will be necessary to contact the agent or institution responsible for each in order to find out.

Once the necessity to probate has been determined, the proper documents can be submitted to court. There is a fee for the probate process, which is generally paid by the estate. Once probate is complete, the executor is free to administer the estate.

Probate is only the first aspect of an executor’s duties, and it can sometimes be quite complex. During what may be a time of grief, the burden of being executor, going through probate and administering the estate, may seem like a overwhelming task. For many, the answer is to enlist the help of a lawyer who’s been through this process many times in British Columbia. That kind of experience may help to make the executor’s job a much easier one to bear.

Source: cbac.org, “Your duties as executor“, Accessed on Dec. 5, 2016

Careful consideration necessary before giving power of attorney

December 1, 2016/in Power of Attorney/by gartonandharris

As more and more British Columbia men and women are living longer, they are increasingly faced with making hard choices about how they will be cared for as they age. To willingly give up the freedom to make decisions about one’s own life is a difficult choice to make. It is important to look ahead, and try and see the bigger picture in order to comfortably hand that responsibility to another person. And while granting power of attorney may provide comfort in the future, it can also go very badly if the right person is not chosen.

In a recent case, a Presbyterian minister from P.E.I. is alleged to have defrauded a trusting person out of a large sum of money. The 66-year-old man is accused of befriending an individual described by police as a “vulnerable person” and then acquiring power of attorney over the individual. He went on to use that power to obtain credit cards and a mortgage.

The amount of money alleged to have been taken exceeded $325,000 over a span of more than four years. In total, 22 charges have been pressed against the man, stemming from this incident and alleged frauds involving other individuals. The accused was released after posting a $10,000 bond and was scheduled to return to court Nov. 30.

Granting someone power of attorney is a large responsibility, and it requires a great deal of trust. To hand it over before entirely losing the ability to make sound decisions is not easy, but for many people, it is the right thing to do. However, it is essential that it be given to someone whose intentions are good. To set up an agreement, it may be best to work with a lawyer who understands the importance of the role, and who has a deep understanding of estate law in British Columbia. With their assistance, it may be easier to select the right person for the job.

Source: CBC News – Prince Edward Island, “P.E.I. minister Harold Alan Stewart now faces 22 charges in Ontario“, Sally Pitt, Nov. 21, 2016

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