Author: Theresa Arsenault, K.C.

Theresa Arsenault, K.C.*

Theresa Arsenault, K.C., one of the most experienced and highly respected lawyers in the Okanagan, focuses on estate planning law and business law in her practice.  Her clients benefit from…

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Challenging A Will Before The Will Maker’s Death

A recent Ontario Court of Appeals case confirmed that a relative of a Will Maker cannot challenge their relative’s Will prior to their relative’s death. 
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Simplifying Your Will

If you have Wills that provide for a number of testamentary trusts for spouse and children (and grandchildren), you may want to have them reviewed to see if there is any advantage to maintaining all of those separate trusts.
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Executor’s Duty to Communicate

Executors have many duties to the beneficiaries of an estate - they must act in good faith, to the standard of a reasonably competent person, keep an even hand between the beneficiaries, protect the assets, and make sure the taxes and debts are paid.
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Estate Planning for Indigenous People

Additional considerations arise when doing estate planning for indigenous clients. 
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Release of Consumer Information Brochure on Pre-Sale Purchases

The Office of the Superintendent of Real Estate (OSRE) has released a new information brochure for consumers looking to purchase a pre-sale condo.
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Separate Trusts in Your Will for Each of Your Children: Do You Still Need Them?

When we do estate planning for clients with significant value in their estates, we often created spousal trusts for their spouse and separate trusts for each child. 
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Estate Planning for Blended Families

There are a whole new set of challenges when making an estate plan for a blended family.
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How Do I Make Sure My Executor And Trustee Know What I Want Them To Do For My Children?

Many people are helping their children financially, both while they are under 19 and often well into their adult years.
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Leaving a Letter of Wishes for your Executor or Trustee

How will my executor or trustee know how I want them to look after my children or spouse?
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Truth and Reconciliation Commission of Canada Report Released

The Truth and Reconciliation Commission of Canada (“TRCC”) was established by the settlement of the class action law suits against the government of Canada, brought by the survivors of the residential school system.
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Historic SCC Ruling Grants Aboriginal Title To Lands in BC

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Probate Fee Planning

British Columbia is a unique jurisdiction for estate planning because of:

  • probate fees of 1.4% of the gross value of the assets that pass through Estate ($14,000 per million); and
  • the Wills Variation Act (“WVA”) which allows a spouse or child to apply to vary the Will if they don’t believe “adequate provision” has been made for them in the Will.

Because of both of these provincial laws, planners use tools here that are not as common in other provinces. These tools have the goal of:

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About Legal Alert

Pushor Mitchell’s “Legal Alert Blog” evolved from our long-running “Legal Alert” client newsletter. Here, we share news our clients need to know, such as changes to the law, major case decisions, industry trends, and other legal issues that affect people and organizations in B.C. Occasionally, we also share firm news and announcements, as well as stories about our involvement with community groups throughout the Okanagan.

If you enjoy our blog, please consider subscribing to our monthly Legal Alert newsletter, which includes monthly highlights from our blog and firm news.

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