Sea to Sky Law Blog

Why does the court process seem slow and expensive?

Posted by Andrew Liggett | Sep 02, 2024 | 0 Comments

Why does the court process seem slow and expensive? For justice to be seen to be done, the judge must hear all views before determining the facts proven by the evidence. ​The parties, not the court, have the evidentiary burden of presenting the evidence required to prove the facts they want the...

Is there more than one form of Probate?

Posted by Andrew Liggett | Aug 05, 2024 | 0 Comments

If you have a properly made written Will then in BC you can apply for probate by the desk order process which is when you can obtain a court order without a hearing. If the registry staff confirms you have filed all the required docu...

IS A WILL VALID IF NOT PROBATED?

Posted by Andrew Liggett | Jul 08, 2024 | 0 Comments

In BC, normally your Last Will & Testament is valid if it is a document you sign at the end with two adult witnesses. Your Will is valid upon being correctly made but it is not effective until your death because of course you could change it at any t...

Where do the pets GO? When families separate....

Posted by Andrew Liggett | Jun 09, 2024 | 0 Comments

When families separate, often a pet is involved. In BC, a pet is considered property which meant that, if the parents could not otherwise agree, the Court could only apply the law involving the division of assets. For example, if a pet was owned by one of the spouses before the marriage started...

WHEN IS A POWER OF ATTORNEY (POA) NOT VALID?

Posted by Andrew Liggett | Jun 09, 2024 | 0 Comments

A Power of Attorney (POA) is very flexible; there are many types and uses of a POA both business and personal because you can make a POA with only limited power, restricted in time and or task, or give an unrestricted general power where your designate can do anything you can do. Most know that...

TRUST TAX TROUBLE

Posted by Andrew Liggett | Jun 09, 2024 | 0 Comments

TRUST TAX TROUBLE It is tax season and a new wrinkle to consider is the change by CRA to trust reporting. The change appears to be that even "bare" trusts must file a tax return even if there was no income. A Bare Trust can be created as easily as you being added to your parent's bank account to...

PROTECTING PERSONAL INFO

Posted by Andrew Liggett | Jun 09, 2024 | 0 Comments

​It is difficult to protect your personal information just from normal daily internet use but obviously what is much worse is when an EX posts nude images of you out of spite, known as "revenge porn".  Now there is a new option to combat the wron...

OPEN ENDED DEFINITION OF FAMILY VIOLENCE

Posted by Andrew Liggett | Jun 09, 2024 | 0 Comments

I promised in my post about custody to talk about family violence. In addition to common law torts like assault, there is specific legislation in family law that defines violence. In Canada, there is both federal and provincial legislation including the federal Divorce Act and in British Columb...

Is your Pooch considered property?

Posted by Andrew Liggett | Jun 09, 2024 | 0 Comments

Is your Pooch considered property? In a BC family separation, a pet was considered property which meant that the Court had to apply the law dividing assets. For example, if a pet was owned by one of the spouses before the marriage started then the pet could be considered excluded property and or...

IS THERE NO MORE CUSTODY?

Posted by Andrew Liggett | Jun 09, 2024 | 0 Comments

With over 30 years of successful experience practicing family law, I have seen many changes to the law over the decades. A major change in BC was the 2013 Family Law Act which replaced the historical custody battle with an emphasis on a child-first analysis. Now both parents can have guardiansh...

ARE CORPORATIONS IMMORTAL?

Posted by Andrew Liggett | Jun 09, 2024 | 0 Comments

ARE CORPORATIONS IMMORTAL? Unlike all humans, corporations can in theory live forever - so long as you comply with all regulatory requirements. For example, if you do not file the required annual report every year then the Corporate Registry can "strike" your corporation, like stopping its heart...

WHAT IS PROBATE - IS IT ALWAYS NEEDED?

Posted by Andrew Liggett | Apr 09, 2024 | 0 Comments

WHAT IS PROBATE - IS IT ALWAYS NEEDED Apparently, less than half of us have a Will, or worse the Will is not current because circumstances have changed! You should critique your estate planning documents at least once a year and definitely upon any major change in your life eg change of assets, c...

SOLVING DISPUTES

Posted by Andrew Liggett | Apr 09, 2024 | 0 Comments

Disputes are solved by agreement or by court order after determining the relevant facts and law. Both dispute-solving options require first a determination of the facts; the facts then determine the applicable law. The basic facts of WHO did WHAT, WHEN, and WHERE provide an excellent framework to...

The Importance of Estate Planning in British Columbia

Posted by Andrew Liggett | Nov 07, 2023 | 0 Comments

A couple meeting with a lawyer for estate planning The Importance of Estate Planning in British Columbia: Whether you're just starting a family or approaching retirement in British Columbia, estate planning is a critical step in protecting your hard-earned assets and ensuring your loved ones are...

Who Gets To Be The Guardian After the Parents Separate

Posted by Andrew Liggett | Sep 14, 2023 | 0 Comments

Recently achieved a significant victory at the Port Coquitlam Family Court for a father, namely an Order that he has sole Guardianship thus all parenting responsibilities, etc. Under the 2013 Family Law Act, both parents living with their child before separation are both automatically Guardians...

Solving Family Disputes by Agreement Before Court

Posted by Andrew Liggett | Sep 13, 2023 | 0 Comments

disagreement Solving Family Disputes by Agreement Before Court Have you heard about the new BC Provincial Court Family Law Process = the Early Resolution and Case Management process? It is like solving family disputes before going to court. This new family dispute process has been tested in Vi...

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