Wills and Estates

Wills, Estates and Incapacity Planning

A will is the most basic form of estate planning. A properly drawn will appoints a representative who will carry out your directions for the disposition of your estate after your death.

Some issues to consider before making a will include the following:

  • Provisions for beneficiaries
  • Choosing executors and trustees
  • Choosing guardians for minor children
  • Designating beneficiaries under RRSPs, TFSAs, and life insurance policies to minimize probate fees
  • Income tax considerations

However, wills take effect only upon the death of the will maker and thus the will maker has no way to oversee their administration or to correct misjudgments or unfairness. Wills are not immune to attack under various statutes. Furthermore, without proper planning, wills may not take advantage of tax laws.

Trusts

In addition to wills, various types of trusts can be used as a planning technique where a person has substantial wealth or there are many interested parties in the estate. Probate can be avoided if assets are transferred to a trust during a person’s lifetime but the tax implications of such transfers must first be considered.

Tax Planning

Tax planning devices can be used to minimize the impact of tax, both annual income tax and taxes triggered by the death of the client. Our aim in advising clients on wealth preservation is to provide the most effective corporate and financial structures for each client’s needs and objectives.

Incapacity Planning

Incapacity planning is important both in making decisions for end of life care and in ensuring your affairs are in order should an unexpected health issue arise. There are several types of legal documents which allow individuals to plan for the possibility of future incapability, including:

  • Enduring powers of attorney
  • Representation agreements
  • Advance directives
  • Nominations of committee

Each of these documents grants different types of decision making abilities to the appointed person. We can help you determine which documents would serve your needs best.

Committeeship

If someone becomes incapable without the proper documents in place it may be necessary to apply for the court to appoint a committee. Appointing a committee is a serious legal matter as it removes a person’s right to make his or her own decisions. Once a person is appointed as committee of the incapable person, he or she will be granted the ability to make decisions regarding the incapable adult’s person (health care, residence), the adult’s estate (financial decisions), or both, depending upon what is granted by the court. We know the complexities of the specific legal criteria that must be met in order to establish a committeeship.

Committeeship

Incapacity planning is important both in making decisions for end of life care and in ensuring your affairs are in order should an unexpected health issue arise. There are several types of legal documents which allow individuals to plan for the possibility of future incapability, including:

  • Representation agreements
  • Enduring powers of attorney
  • Advance directives
  • Appointment of committee

Each of these documents grants different types of decision making abilities to the appointed person. Lawyers at DuMoulin Boskovich can talk to you to determine what type of document would serve your needs best.

If someone becomes incapacitated without agreements for decision making in place it may be necessary to apply for the court to appoint a committee. Appointing a committee is a serious legal matter, as it removes a person’s right to make his or her own decisions. Once a person is appointed committee of the vulnerable person, he or she will be granted the ability to make decisions regarding the vulnerable adult’s person (health care, residence), the person’s estate (financial decisions), or both, depending upon what is granted by the court. DuMoulin Boskovich counsels know the complexities of the specific legal criteria that must be met in order to establish a committeeship.

Estate Planning

A will is the most basic form of estate planning. A properly drawn will provides for a representative who will carry out your directions for the disposition of your estate after your death.

Some things to think about before making a Will include the following:

  • Provision for beneficiaries
  • Choosing executors and trustees
  • Choosing guardians
  • Designating beneficiaries under an RRSP
  • Income tax considerations

Wills, however, take effect only upon the death of the will maker. Because they speak prospectively, the will maker has no way to oversee their administration, or to correct misjudgments or unfairness. Furthermore, wills do not necessarily take best advantage of tax laws, and cannot be immune to attack under various statutes.

Trusts

As a result, various sorts of trusts are becoming more common where there is substantial wealth to be dealt with, or many interested parties. By donating assets during one’s lifetime one can avoid the effect of the rules of probate and administration of the estate. The judicious use of joint tenancies, powers of attorney or appointment and trusts can make plans for the future much more certain.

Tax Planning

Tax planning devices are also commonplace today, so that the impact of tax, both annual income tax and taxes triggered by the death of the client can be minimized. Our aim in attempting to advise our clients on wealth preservation is to provide the most effective corporate and financial structure for each client’s needs and aspirations.

Estate Litigation

Usually people with substantial estates have provided directions or made arrangements for the distribution of their estate, whether by a will or by an inter vivos (during their lifetime) gift or trust. However, this is not always the case.

Even when a deceased person has left a valid will, a number of issues may arise that can lead to litigation, for example :

  • Beneficiaries may feel that someone unduly pressured or influenced the will maker
  • Spouses or children who feel they have not been adequately provided for may apply to Court for a variation of the will
  • Sometimes matters of interpretation of terms of the will must be deal with by a Judge

We act for executors, administrators, and trustees, heirs and beneficiaries, and persons who feel they have been wrongfully excluded from a share of an estate. We both prosecute and defend claims and seek court direction as best serves the needs of our clients. Our lawyers have experience in dealing with these matters, and strive to provide empathetic, cost-effective assistance.

Wills and Estates Team

Wills and Estates

Wills, Estates and Incapacity Planning

A will is the most basic form of estate planning. A properly drawn will appoints a representative who will carry out your directions for the disposition of your estate after your death.

Some issues to consider before making a will include the following:

  • Provisions for beneficiaries
  • Choosing executors and trustees
  • Choosing guardians for minor children
  • Designating beneficiaries under RRSPs, TFSAs, and life insurance policies to minimize probate fees
  • Income tax considerations

However, wills take effect only upon the death of the will maker and thus the will maker has no way to oversee their administration or to correct misjudgments or unfairness. Wills are not immune to attack under various statutes. Furthermore, without proper planning, wills may not take advantage of tax laws.

Trusts

In addition to wills, various types of trusts can be used as a planning technique where a person has substantial wealth or there are many interested parties in the estate. Probate can be avoided if assets are transferred to a trust during a person’s lifetime but the tax implications of such transfers must first be considered.

Tax Planning

Tax planning devices can be used to minimize the impact of tax, both annual income tax and taxes triggered by the death of the client. Our aim in advising clients on wealth preservation is to provide the most effective corporate and financial structures for each client’s needs and objectives.

Incapacity Planning

Incapacity planning is important both in making decisions for end of life care and in ensuring your affairs are in order should an unexpected health issue arise. There are several types of legal documents which allow individuals to plan for the possibility of future incapability, including:

  • Enduring powers of attorney
  • Representation agreements
  • Advance directives
  • Nominations of committee

Each of these documents grants different types of decision making abilities to the appointed person. We can help you determine which documents would serve your needs best.

Committeeship

If someone becomes incapable without the proper documents in place it may be necessary to apply for the court to appoint a committee. Appointing a committee is a serious legal matter as it removes a person’s right to make his or her own decisions. Once a person is appointed as committee of the incapable person, he or she will be granted the ability to make decisions regarding the incapable adult’s person (health care, residence), the adult’s estate (financial decisions), or both, depending upon what is granted by the court. We know the complexities of the specific legal criteria that must be met in order to establish a committeeship.

Committeeship

Incapacity planning is important both in making decisions for end of life care and in ensuring your affairs are in order should an unexpected health issue arise. There are several types of legal documents which allow individuals to plan for the possibility of future incapability, including:

  • Representation agreements
  • Enduring powers of attorney
  • Advance directives
  • Appointment of committee

Each of these documents grants different types of decision making abilities to the appointed person. Lawyers at DuMoulin Boskovich can talk to you to determine what type of document would serve your needs best.

If someone becomes incapacitated without agreements for decision making in place it may be necessary to apply for the court to appoint a committee. Appointing a committee is a serious legal matter, as it removes a person’s right to make his or her own decisions. Once a person is appointed committee of the vulnerable person, he or she will be granted the ability to make decisions regarding the vulnerable adult’s person (health care, residence), the person’s estate (financial decisions), or both, depending upon what is granted by the court. DuMoulin Boskovich counsels know the complexities of the specific legal criteria that must be met in order to establish a committeeship.

Estate Planning

A will is the most basic form of estate planning. A properly drawn will provides for a representative who will carry out your directions for the disposition of your estate after your death.

Some things to think about before making a Will include the following:

  • Provision for beneficiaries
  • Choosing executors and trustees
  • Choosing guardians
  • Designating beneficiaries under an RRSP
  • Income tax considerations

Wills, however, take effect only upon the death of the will maker. Because they speak prospectively, the will maker has no way to oversee their administration, or to correct misjudgments or unfairness. Furthermore, wills do not necessarily take best advantage of tax laws, and cannot be immune to attack under various statutes.

Trusts

As a result, various sorts of trusts are becoming more common where there is substantial wealth to be dealt with, or many interested parties. By donating assets during one’s lifetime one can avoid the effect of the rules of probate and administration of the estate. The judicious use of joint tenancies, powers of attorney or appointment and trusts can make plans for the future much more certain.

Tax Planning

Tax planning devices are also commonplace today, so that the impact of tax, both annual income tax and taxes triggered by the death of the client can be minimized. Our aim in attempting to advise our clients on wealth preservation is to provide the most effective corporate and financial structure for each client’s needs and aspirations.

Estate Litigation

Usually people with substantial estates have provided directions or made arrangements for the distribution of their estate, whether by a will or by an inter vivos (during their lifetime) gift or trust. However, this is not always the case.

Even when a deceased person has left a valid will, a number of issues may arise that can lead to litigation, for example :

  • Beneficiaries may feel that someone unduly pressured or influenced the will maker
  • Spouses or children who feel they have not been adequately provided for may apply to Court for a variation of the will
  • Sometimes matters of interpretation of terms of the will must be deal with by a Judge

We act for executors, administrators, and trustees, heirs and beneficiaries, and persons who feel they have been wrongfully excluded from a share of an estate. We both prosecute and defend claims and seek court direction as best serves the needs of our clients. Our lawyers have experience in dealing with these matters, and strive to provide empathetic, cost-effective assistance.

Wills and Estates Team

Wills and Estates People

Wills, Estates and Incapacity Planning

A will is the most basic form of estate planning. A properly drawn will appoints a representative who will carry out your directions for the disposition of your estate after your death.

Some issues to consider before making a will include the following:

  • Provisions for beneficiaries
  • Choosing executors and trustees
  • Choosing guardians for minor children
  • Designating beneficiaries under RRSPs, TFSAs, and life insurance policies to minimize probate fees
  • Income tax considerations

However, wills take effect only upon the death of the will maker and thus the will maker has no way to oversee their administration or to correct misjudgments or unfairness. Wills are not immune to attack under various statutes. Furthermore, without proper planning, wills may not take advantage of tax laws.

Trusts

In addition to wills, various types of trusts can be used as a planning technique where a person has substantial wealth or there are many interested parties in the estate. Probate can be avoided if assets are transferred to a trust during a person’s lifetime but the tax implications of such transfers must first be considered.

Tax Planning

Tax planning devices can be used to minimize the impact of tax, both annual income tax and taxes triggered by the death of the client. Our aim in advising clients on wealth preservation is to provide the most effective corporate and financial structures for each client’s needs and objectives.

Incapacity Planning

Incapacity planning is important both in making decisions for end of life care and in ensuring your affairs are in order should an unexpected health issue arise. There are several types of legal documents which allow individuals to plan for the possibility of future incapability, including:

  • Enduring powers of attorney
  • Representation agreements
  • Advance directives
  • Nominations of committee

Each of these documents grants different types of decision making abilities to the appointed person. We can help you determine which documents would serve your needs best.

Committeeship

If someone becomes incapable without the proper documents in place it may be necessary to apply for the court to appoint a committee. Appointing a committee is a serious legal matter as it removes a person’s right to make his or her own decisions. Once a person is appointed as committee of the incapable person, he or she will be granted the ability to make decisions regarding the incapable adult’s person (health care, residence), the adult’s estate (financial decisions), or both, depending upon what is granted by the court. We know the complexities of the specific legal criteria that must be met in order to establish a committeeship.

Incapacity planning is important both in making decisions for end of life care and in ensuring your affairs are in order should an unexpected health issue arise. There are several types of legal documents which allow individuals to plan for the possibility of future incapability, including:

  • Representation agreements
  • Enduring powers of attorney
  • Advance directives
  • Appointment of committee

Each of these documents grants different types of decision making abilities to the appointed person. Lawyers at DuMoulin Boskovich can talk to you to determine what type of document would serve your needs best.

If someone becomes incapacitated without agreements for decision making in place it may be necessary to apply for the court to appoint a committee. Appointing a committee is a serious legal matter, as it removes a person’s right to make his or her own decisions. Once a person is appointed committee of the vulnerable person, he or she will be granted the ability to make decisions regarding the vulnerable adult’s person (health care, residence), the person’s estate (financial decisions), or both, depending upon what is granted by the court. DuMoulin Boskovich counsels know the complexities of the specific legal criteria that must be met in order to establish a committeeship.

A will is the most basic form of estate planning. A properly drawn will provides for a representative who will carry out your directions for the disposition of your estate after your death.

Some things to think about before making a Will include the following:

  • Provision for beneficiaries
  • Choosing executors and trustees
  • Choosing guardians
  • Designating beneficiaries under an RRSP
  • Income tax considerations

Wills, however, take effect only upon the death of the will maker. Because they speak prospectively, the will maker has no way to oversee their administration, or to correct misjudgments or unfairness. Furthermore, wills do not necessarily take best advantage of tax laws, and cannot be immune to attack under various statutes.

Trusts

As a result, various sorts of trusts are becoming more common where there is substantial wealth to be dealt with, or many interested parties. By donating assets during one’s lifetime one can avoid the effect of the rules of probate and administration of the estate. The judicious use of joint tenancies, powers of attorney or appointment and trusts can make plans for the future much more certain.

Tax Planning

Tax planning devices are also commonplace today, so that the impact of tax, both annual income tax and taxes triggered by the death of the client can be minimized. Our aim in attempting to advise our clients on wealth preservation is to provide the most effective corporate and financial structure for each client’s needs and aspirations.

Usually people with substantial estates have provided directions or made arrangements for the distribution of their estate, whether by a will or by an inter vivos (during their lifetime) gift or trust. However, this is not always the case.

Even when a deceased person has left a valid will, a number of issues may arise that can lead to litigation, for example :

  • Beneficiaries may feel that someone unduly pressured or influenced the will maker
  • Spouses or children who feel they have not been adequately provided for may apply to Court for a variation of the will
  • Sometimes matters of interpretation of terms of the will must be deal with by a Judge

We act for executors, administrators, and trustees, heirs and beneficiaries, and persons who feel they have been wrongfully excluded from a share of an estate. We both prosecute and defend claims and seek court direction as best serves the needs of our clients. Our lawyers have experience in dealing with these matters, and strive to provide empathetic, cost-effective assistance.

Wills and Estates Team

Terry Lopston

E: terry@dubo.com
P: 604-669-5500 ext 224

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Jennifer Chew

E: jchew@dubo.com
P: 604-669-5500 ext 255

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1800 – 1095 West Pender St
Vancouver BC, V6E 2M6
PO Box 52, Manulife Place

Phone:          604-669-5500
Fax:               604-688-8491
Toll Free:   1-800-288-9893

Email: info@dubo.com

Unit 1B – 38920 Queens Way
Squamish, BC V8B 0K8

Phone:          604-567-5550
Fax:                604-567-5567
Toll Free:   1-800-288-9893

Email: info@dubo.com

1800 – 1095 West Pender St
Vancouver BC, V6E 2M6
PO Box 52, Manulife Place

Phone:          604-669-5500
Fax:               604-688-8491
Toll Free:   1-800-288-9893

Email: info@dubo.com

Unit 1B – 38920 Queens Way
Squamish, BC V8B 0K8

Phone:          604-567-5550
Fax:                604-567-5567
Toll Free:   1-800-288-9893

Email: info@dubo.com

1800 – 1095 West Pender St
Vancouver BC, V6E 2M6
PO Box 52, Manulife Place

Phone:          604-669-5500
Fax:               604-688-8491
Toll Free:   1-800-288-9893

Email: info@dubo.com

Unit 1B – 38920 Queens Way
Squamish, BC V8B 0K8

Phone:          604-567-5550
Fax:                604-567-5567
Toll Free:   1-800-288-9893

Email: info@dubo.com