Estate Administration: The Essentials
Presented by: Nicole Garton-Jones

Capilano Golf & Country Club
President’s Room
420 Southborough Drive
West Vancouver, BC

As a family justice reform pilot project, the application of the Notice to Mediate (Family) Regulation was expanded to the Vancouver and New Westminster registries of the Supreme Court on January 1, 2009.  The Regulation enables any party to a family law proceeding to require the other parties to attend a mediation session to attempt to resolve the issues in dispute.  It now applies to family law proceedings in the Nanaimo, Duncan, Victoria, Vancouver and New Westminster registries, regardless of when the proceedings were commenced.  Below are links to the Regulation and information sheets about the family Notice to Mediate process.

Notice to Mediate (Family) Regulation – http://www.ag.gov.bc.ca/justice-reform-initiatives/publications/pdf/Law&Equity296.pdf

Dispute Resolution Office information bulletin about the process – http://www.ag.gov.bc.ca/dro/publications/bulletins/ntm-family.htm

Fact sheet for lawyers and mediators – http://www.ag.gov.bc.ca/justice-reform-initiatives/publications/pdf/NTMFactSheetLawyersMediators.pdf

Fact sheet for the public – http://www.ag.gov.bc.ca/justice-reform-initiatives/publications/pdf/NTMParties.pdf

Location

Capilano Golf & Country Club
President’s Room
420 Southborough Drive
West Vancouver BC V7S 1M2

From the UBC Law School Web Site:

UBC Faculty of Law is delighted to announce that the student-led initiative recommending that UBC Law change the name of its degree from an LL.B. (Bachelor of Laws) to a J.D. (Juris Doctor) takes effect in 2008/2009 academic year.  Second and third year students will have a choice to receive either the LL.B. or J.D. degree when they graduate. Current first-year students will graduate with a J.D.

Extensive consultations with UBC faculty, students and alumni and wider constituencies revealed widespread support for the change.  Positive feedback came from all generations of alumni, with many expressing an interest in changing the name of their degree retroactively. Information will be made available later this fall to alumni wishing to retroactively change the name of their degree designation to a J.D.

Many thanks to all the students who worked so hard on this issue including, especially, the LSS Executive of the 2006/2007 academic year.

If you are in a second (or later) marriage/relationship, have children from earlier relationship(s), and you don’t do a proactive estate plan, upon one spouse dying there is a high likelihood of a problem arising, including possibly a court action. Similarly, one party becoming disabled or a breakdown in the relationship without adequate prior planning may result in significant problems, legal fees and delays.

The idea is to protect against the less than happy things that happen in life (death, disability, divorce – the three Ds as we like to call them), so you can focus on the positives in life.

Death: A trust, inter vivos and testamentary, is often an effective estate planning tool.

Divorce: To protect against property claims in the event of a marriage breakdown, a marriage agreement is recommended.  If you live common law, then a properly drafted Co-Habitation Agreement is the way to go.

Disability: An Enduring Power of Attorney appoints someone who can manage your financial and legal affairs in the event you were unable to do so.  A Representation Agreement appoints someone who can make health care and personal care decisions if you were unable to communicate your wishes.

The key thing is to plan ahead, keep the lines of communication open and get proper advice for your particular situation.

If you are included in the 50% of Canadian adults who have not made a will, let alone a proper estate plan, a windfall may go to estate litigation lawyers as they sort out family disagreements, instead to the people and causes that matter most to you.  Think about whether you wish to leave that burden as your legacy.