November 2017 - Garton & Harris

Estate administration: Beneficiaries in multiple jurisdictions

November 28, 2017/in Estate Administration & Probate/by gartonandharris

In this technological world, things change at a rapid place and people can get from one side of the world to another in no time. Many people don’t stay in one place for long. When it comes to estate planning and estate administration in Canada, it might be wise to know how the rules change for those beneficiaries named in wills who change locations a lot and perhaps even marital status. When there is more than one jurisdiction involved, beneficiaries would be wise to find out how to manage taxes and assets in various provinces or countries.

Even terms like spouse or dependent could take on different meanings, depending upon the area in which those terms are used. For instance, it could mean a dependent merits financial support in one jurisdiction, but not in another. Interpretations of the law can vary from locale to locale, especially internationally.

Laws in different countries develop differently even though they may be based on the same system, like common law. Those nuances in the law can be the defining factor when it comes to a beneficiary actually getting an inheritance and running into glitches when it comes to claiming it. That is why people need to be mindful of the applicable estate laws of the province or country involved.

A lawyer experienced in wills and estates law in Canada can help a client with estate administration issues. The attorney could also provide the names of experts, such as accountants and appraisers, who may be able to help. Whether named as the executor of a will, the trustee of a trust or the beneficiary of an estate, a savvy attorney is an invaluable asset.

Source: cjnews.com, “Don’t let your inheritance get lost in translation”, Avi Charney, Accessed on Nov. 28, 2017

Personal and healthcare directives in wills in Canada

November 20, 2017/in Wills/by gartonandharris

When people are no longer able to make decisions for themselves, yet still want some control over what happens in their lives, having a health care or personal directive drawn up may be the answer. Wills in Canada can incorporate such directives, which will appoint someone to make healthcare decisions on their behalf should they not have the mental capacity to do do. Generally speaking, a power of attorney is the same thing.

A healthcare directive does not necessarily appoint a substitute decision-maker to make healthcare decisions for a person, nor does it appoint a personal directive to make financial ones. In a healthcare directive, a person indicates the healthcare treatments that can and can’t be used on them if they can’t make those decisions for themselves, rather than having someone else make those decisions on their behalf. The person can name someone to act as as a proxy to make those decisions, in which case the document is akin to a personal directive or power of attorney.

There are some things that may be outlined in a healthcare directive that will not be followed, depending upon the province. One such thing may be euthanasia. However, it is important that a healthcare directive stipulate what treatments an individual does not want, such as being kept alive on life support or being tube fed, etc. Those making a healthcare directive should let their loved ones and doctors know of its existence, so that the wishes contained in it will be followed.

There are many overlapping terms when it comes to directives that go hand in hand with wills and estate planning. These terms might be confusing to the average person and could be explained by a lawyer who is experienced in wills and estate law in Canada. Knowing what can and can’t be included in a will can make estate planning go much smoother.

Source: findlaw.ca, “What are personal/healthcare directives?“, Miriam Yosowich, Accessed on Nov. 19, 2017

Power of attorney: Incapacity planning in British Columbia

November 15, 2017/in Power of Attorney/by gartonandharris

There may be times when decisions pertaining to someone’s estate have to be made by other than the estate holder. Someone named power of attorney could act in that capacity — a relative or good family friend. British Columbia residents could name whomever they choose to make decisions for them. For instance, a power of attorney could cash a cheque on behalf of the principal should he or she be out of town.

Many times, however, it is incapacity planning which requires the appointment of a substitute decision-maker. No one likes to think about not being able to make decisions for him or herself, but planning for something that may not happen might be wiser than not having anything in place should something unforeseen take place. Doing so will be less stressful on family members since all decisions made would be in line with the wishes of the person granting the power.

In addition to a power of attorney, individuals could have a representation agreement drawn up to appoint someone to be their legal representative in case of incapacity. Such a person could make personal care or health decisions or manage the principal’s finances or see to legal issues. The individual granting the power is at liberty to choose whomever he or she trusts.

Such documents like a power of attorney or a representation agreement are part of wills and estates law in British Columbia. In having a lawyer draw up these documents, estate holders know that all legalities are being executed and that their interests are being looked after. In the often murky waters of wills and estates law, a lawyer would provide the proper guidance.

Source: gov.bc.ca, “Substitute Decision-Making and Incapacity Planning“, Accessed on Nov. 10, 2017

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