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Stephen Hsia and Jillana Schmidt-Kim write on electronic witnessing and signing of estate planning documents

The Lawyer's Daily

Stephen Hsia and Jillana Schmidt-Kim’s article titled “Estate planning: Electronic witnessing and signing in B.C.” is published in The Lawyer’s Daily: When preparing an estate plan, British Columbians are generally advised to make three basic documents: a will, an Enduring...


Frye v. Frye Estate: A Refresher

Tax for the Owner-Manager, Volume 22, Number 3, July 2022, 11-13

When determining rights to property, many of us hark back to law school and our first-year property law class, where we were constantly reminded of the fundamental legal premise embodied in the Latin phrase nemo dat quod non habet, meaning...


Electronic witnessing and signing of estate planning documents in British Columbia

Much has changed since May 19, 2020. That is when British Columbia first allowed the remote witnessing of wills, enduring powers of attorney (EPAs), and representation agreements (RAs) to accommodate those isolating because of COVID-19 and the resulting restrictions on...


Does a promise to transfer property create an express trust?

The British Columbia Court of Appeal recently dealt with whether a promise to transfer property created an express trust in Virk v. Singh, 2022 BCCA 153. Background Mr. and Mrs. Virk married in India in 1977, where they met Mr....


Why Estate Planning Matters for the LGBTQ+ Community

Estates, Trusts and Pensions Journal

Darren Lund and Brittany Sud co-author a paper for Thomson Reuters’ Estates, Trusts and Pensions Journal, 2021 Vol. 40 (available by subscription only). The article was recognized with the 2022 OBA Foundation’s Widdifield Award for originality, scope, technical merit, creativity and...


Choosing One of Your Adult Children as Your RRSP/RRIF/TFSA Beneficiary? Think -and Act- Carefully

Planning Matters

Stephen Hsia authors an article outlining a few issues to consider when naming one of your adult children as the beneficiary on a registered plan: It’s an increasingly common story. A widow has several children, all of them adults. She...


British Columbia allows electronic wills – A glimpse into Ontario’s future?

Ontario Bar Association Estates and Trusts Law Newsletter

Stephen Hsia writes an article on the promise and potential pitfalls of electronic wills: On December 1, 2021, British Columbia became the first province to allow electronic wills – fully digital wills. This development is welcome news for many Ontarians...


Multiple will mishap

Introduction A recent decision from the Ontario Superior Court of Justice, Gordon v. Gordon et al., 2022 ONSC 550 (“Gordon“) shines a light on the importance of prudent drafting when undertaking multiple will planning. Multiple wills, when properly drafted, can provide...


Giving corporate assets by will

One cannot give away what one does not own. This concept is so fundamental that it should go without saying. The same is true for the principle of corporate separateness; that is, a corporation is a distinct legal person from...


2022 Federal Budget Review

Introduction The 2022 Federal Budget was tabled in the House of Commons on April 7, 2022 by the Honourable Chrystia Freeland, Canada’s Deputy Prime Minister and Minister of Finance. With a Foreword that began with a thank you to Canadians...


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Miller Thomson on Estate Planning

This publication, published by Thomson Reuters, offers insight into estate planning, trusts, estate administration, insurance planning, charitable planning, business succession and corporate restructuring and the legal implications of cross-border issues.


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