Wills & Estate Law Information Area
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BC Government Web Info.
www2.gov.bc.ca/gov/ content/ life-events/ death-and-bereavement/ wills-estates This site provides general information about wills and estates. It defines the more common words and phrases used in legal documents, and answers many of the questions you might have about wills, probate, administration and estates. It also lists additional sources of help and information.
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Reference Links for Legal Information
Members of Lawyers-BC.com
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MICHAEL R. MARK, BA, LL.B.
Preferred areas of practice in civil litigation include: wills & estate litigation, personal injury, commercial disputes and Canada Revenue Agency tax evasion charges.
If you have been treated unfairly by a deceased parent or spouse under the terms of his or her will, consider obtaining the advice and assistance of an experienced estate litigation lawyer. Wills can be varied by the court to ensure adequate, just and equitable provision for a spouse or child of the deceased.
Challenging Provisions of a Will
Litigation &Wills Disputes
A child or spouse of a person who dies leaving a will can challenge the
provisions of will and seek a variation pursuant to the Wills, Estates and Succession Act (2014) .
The court will consider whether, in all of the circumstances, the deceased
person (testator) made adequate provision for the claimant under the terms
of the will. The considerations are wide and varied, but they include the
nature of the relationship between the testator and the claimant, the size
of the estate, and the relative needs of the other beneficiaries to the
will.
Claims must be made within 180 days from issuance of probate of the will.
Probate is the process in which the executor of the will probates or proves
the will to the court. If a child or a spouse is not satisfied that the
will makes adequate provision for him or her, legal advice ought to be
obtained promptly so that legal action, if warranted, may be commenced in a
timely way.
Michael Mark has extensive experience in both civil litigation and in criminal litigation as a former Federal prosecutor in complex tax evasion prosecutions.
Michael has practiced in Victoria since his admission to the Bar in 1991 and he became a principal at McConnan, Bion, O'Connor & Peterson Law Corporation in January 2000.
He is also a past executive member of the Victoria Bar Association.
Michael Mark, LLB - Estate Litigation / Wills Disputes Lawyer
McConnan Bion O'Connor Peterson Law Corp.
Suite #420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone 250-385-1383
Toll free 1-888-385-1383
E-mail: mmark@mcbop.com
Web Site: www.mcbop.com/michael-r-mark/
Street Map: down town Victoria location near Court House
see also Representation Agreements vs Powers of Attorney
PATRICK EDWARD BION
Business-Commercial Services Lawyer
B.A. (UVIC - 1970),
LL.B. (UBC - 1973)
Patrick practises in the wills, estates, and estate planning areas. He also
has extensive experience in real estate development, complex commercial transactions, financing, incorporations and advising small business generally.
Patrick is one of the three founding principals of McConnan Bion O'Connor & Peterson and has practised with the firm since 1975.
McConnan Bion O'Connor & Peterson Law Corporation
Suite # 420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone: 250-385-1383 Toll free: 1-888-385-1383
Email Pat Bion: pbion@mcbop.com
Web Site: www.mcbop.com/patrick-e-bion
Street Map: downtown Victoria location near Court House
JAMES S. HUTCHISON, LL.B. Areas of Practice: Corporate-Commercial Law, Finance and Intellectual Property, Wealth Management & Estate Planning.
"James practices primarily in the area of corporate commercial and real property law and has a diverse client base among Victoria's businesses.
Arising out of interest and his client's needs, James has also gained considerable knowledge in the areas of wealth management and estate planning."
[quoted originally fr. UVIC faculty of law Sessional, Visiting, Adjunct, Emeritus and Honorary Faculty bios 2006.06.29 ]
James S. Hutchison,
Hutchison Oss-Cech Marlatt,
Barristers & Solicitors
#1 - 505 Fisgard Street,
Victoria B.C. V8W 1R3
Phone: (250) 360-2500
Toll Free: 1-866-887-4878
Profile on Lawyers-BC: J.S. Hutchison
Web site: HOM-Law.com Wills
What Are Representation Agreements?
and
Powers of Attorney?
This information is provided courtesy of the wills & estates lawyers at McBOP.com
Representation Agreements / Incapacity Planning - Reference Info
- Authorizes and empowers another person (your representative) to make health care and personal care decisions of you, including a decision regarding "life support"
- Allows you to identify the type of health care and personal care decisions your representative can or cannot make
- Allows you to specify under what circumstances or events the representative may exercise these powers
- Permits a person under diminished capacity to empower a representative to make routine financial and health care decisions for that person
- Can include provisions to appoint a monitor to ensure your representative carries out your health care and personal care wishes
- Can include power to act in financial or legal matters, as if under a general power of attorney
- Survives subsequent incapacity
Must be in a form that meets prescribed signing and witnessing requirements
Powers of Attorney - Reference Info
- Permits adults to grant authority to another person (the "attorney") to act on legal or financial matters on behalf of the adult
- Can be general or specific as to the legal and/or financial matters covered
- Can be expressed to survive any subsequent mental infirmity (an "enduring power of attorney")
- Can name more than one attorney, to act together, or provide for an alternate attorney
- Is automatically revoked on the death of the grantor
- Is a useful and popular estate planning and management tool
- Avoids expensive applications to court to appoint someone (a "Committee") to act on your behalf in the event you are incapacitated
- Does not extend to making health care or personal care decisions
Must be in a form that meets prescribed signing and witnessing requirements
Contact for more information on the above services.
CHARLOTTE SALOMON, QC, Wills Lawyer
McConnan Bion O'Connor Peterson Law Corp.
Suite #420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone 250-385-1383
Toll free 1-888-385-1383
E-mail: csalomon@mcbop.com
Profile: www.mcbop.com/charlotte-a-salomon-qc
Street Map: downtown Victoria location near Court House
nb. The Capital Regional District, CRD, includes the Municipalities of:
Central Saanich / Colwood / Esquimalt / Highlands / Langford / Metchosin / North Saanich / Oak Bay / Saanich / Sidney / Sooke / Victoria / View Royal (on southern Vancouver Island) and they in turn ar part of the Electoral Areas of: Juan de Fuca, Southern Gulf Islands, and Salt Spring Island. (see [www.crd.bc.ca/govlink.htm for more information]
PAUL G. SCAMBLER, LLB. QC.
Preferred areas of practice: secured transactions, wills and estates, trust administration and assistance with probate, real property and commercial mediation.
"Compassionate service with years of experience and professional competence" is how he is described by Victoria clients to www.lawyers-bc.com staff.
"Paul G. Scambler, QC, has practised law with the firm of Clay and Company in Victoria, Canada, since 1978.
He has been a guest instructor for the Continuing Legal Education Society's Real Estate program in the Provincial Legal Training Course (PLTC). He was designated as Queen's Counsel by the British Columbia Attorney General in 2001. He has participated in training of lawyers in negotiation in Thailand (2002) and Cambodia (2001)."
[quote site 2005.07/06]
In 2005 he co-taught the UVIC Faculty of Law
Real Property Transactions - Law 317 course from Sept. to Dec. 2005.
The course description includes
"...
Real property transactions form an important part of the commercial life of Canadian society. For most people, their single most important financial transaction will be the purchase of their home and the financing of it. For most businesses, purchasing land, leasing premises and financing by use of security on land is an important part of their operations.
..."
[quote from course description at www.law.uvic.ca/Current_Students/
winter/317f01-2005description.htm 2005.05.11]
see also
Paul G. Scambler, QC
Clay & Company
P.O. Box 961 - 837 Burdett Avenue
Victoria, BC V8W 2S4
Telephone: 250 386-2261 E-mail: pscambler@clay.bc.ca
see also Paul Scambler's work with Peace Makers Trust "...Peacemakers Trust is a Canadian charitable organization dedicated to research and education on conflict transformation and peacebuilding" at www.peacemakers.ca
Barri A. Marlatt, LLB
Wills disputes lawyer with Hutchison Oss-Cech Marlatt
- Were you overlooked?
- Is there something specific that you think you should have been entitled to?
- Was someone else unreasonably enriched?
- In some cases the law entitles you to question a bequest, or indeed a complete will.
See more wills information at our web site: https://www.hom-law.com/practices/estate-planning-and-wealth-management/wills/
Barri A. Marlatt,
Hutchison Oss-Cech Marlatt,
Barristers & Solicitors
#1 - 505 Fisgard Street,
Victoria B.C. V8W 1R3
Phone: (250) 360-2500
Toll Free: 1-866-887-4878
Profile on Lawyers-BC: B. Marlatt
ALAN JEREMY PETERSON
Business-Commercial Law Lawyer
B.A. (UVIC - 1970),
LL.B. (UBC - 1974),
Admitted to the BC Bar 1975
R E T I R E D
2014
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Victoria BC Lawyers for
Wills Estates Trusts & Incapacity Planning
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Representation Agreements
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Powers of Attorney
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Wills Variation Litigation
CHARLOTTE SALOMON, QC
Wills Estates & Probate Lawyer
B.A. (York U. - 1992), JD (UVIC - 1995)
Charlotte was called to the British Columbia Bar in 1996, after articling with McConnan Bion O'Connor & Peterson. Her preferred areas of practice are wills and estates and personal injury litigation. She also has experience in property matters, including real estate conveyance, foreclosure and expropriation.
Charlotte currently is an elected member of the Canadian Bar Association Provincial Council for the Victoria county and is Chair of the CBA Advisory Committee to the Judicial Council of British Columbia.
Charlotte was the 2010 President of the Victoria Bar Association. She has also been the Chair of the BC CBA Civil Litigation Section for Vancouver Island and a member of the Audit Committee, Government Relations Committee and Court Services Committee of the BC CBA.
In June 2012, she was appointed by a BC Legislature Order in Council to the board of directors of the British Columbia Assessment Authority; re-appointed for a two-year term, June 2014.
Member, BC CBA, Victoria Subsections for Wills & Estates, the Women Lawyers’ Forum and Civil Litigation
She has lectured on Wills and Estates, Civil Litigation, and Leadership issues.
Charlotte A. Salomon, Q.C.
McConnan Bion O'Connor & Peterson Law Corp.
Suite # 420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone: 250-385-1383
Toll free: 1-888-385-1383
Web site: www.mcbop.com/charlotte-a-salomon-qc
Email: csalomon@mcbop.com
Street Map: down town Victoria location near Court House
DIRK RYNEVELD, Q.C.
Dirk currently has a varied litigation practice advising both private and government clients on administrative law and civil litigation issues. He is primarily engaged as senior external counsel for the Civil Forfeiture Office of the BC Ministry of Justice.
His areas of practice include:
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Civil Forfeiture for the BC Ministry of Justice
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Personal Injury
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Real Estate
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Wills
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Estate Administration
Dirk Ryneveld, QC joined the firm of McConnan Bion O'Connor & Peterson in Victoria as Associate Counsel in June 2009, after a six-year term as Police Complaint Commissioner for BC. Prior to that, Dirk was a Senior Trial Attorney from 1999 - 2003 at the International Criminal Tribunal for the former Yugoslavia at the Hague, where he conducted several war crimes trials and also was lead counsel for the prosecution of the Kosovo component of the Slobodan Milosevic trial.
He has also appeared at all levels of court in British Columbia and the Supreme Court of Canada, as Deputy Regional Crown Counsel from 1974 - `1999. Dirk was appointed as Queen's Counsel in 1990.
DIRK RYNEVELD, Q.C.,
McConann Bion O'Connor & Peterson Law Corp.
Suite # 420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone: 250-385-1383 Toll free: 1-888-385-1383
Web Site: www.mcbop.com/dirk-ryneveld-qc
Street Map: downtown Victoria location near Court House
MICHAEL JAMES O'CONNOR, Q.C.
B.A. (UVIC - 1971),
LL.B. (UBC - 1974),
Q.C. (Appointment - 2006)
Michael is a senior partner at McConnan Bion O'Connor & Peterson with preferred areas of practice which consist of all forms of civil litigation, with specialties in personal injury claims, estate litigation and foreclosure.
Michael currently chairs and is responsible for conducting hearings for 8 First Nations Assessment Review Boards throughout British Columbia. His practice also includes expropriation hearings, property tax assessment appeals, contract disputes, wills, estates and conveyancing.
Michael is the past chairman of the Victoria Hospital Foundation Board and chaired its highly successful "Together We Care" campaign raising $17 million for the hospitals on Southern Vancouver Island. He is currently the President of the Government House Foundation of British Columbia and the Past Commander of the Victoria Commandery of the Order of St. John. Michael is Co Chair of the BC Paraplegic Association Spring Fundraiser in Victoria and Co Chair of the David Foster Foundation 25th Anniversary Gala. He has held several positions at the local, Provincial and National levels, including Vice president of the Canadian Rugby Union, President of the British Columbia Rugby Union and Chairman of Canada's First World Cup Rugby Team. Michael is the past vice chairman of the 1994 Commonwealth Games held in Victoria, BC.
Michael is also the recipient of the Queen's Jubilee Medal in 2002, the Queen's Diamond Jubilee Medal in 2012 for recognition of his outstanding Public Service in Canada and the recipient of the Vice-Regal Commendation for the Lieutenant Governor of British Columbia in 2012 for commendable service rendered to the Lieutenant Governor.
Michael J. O'Connor
McConnan Bion O'Connor & Peterson Law Corporation
Suite # 420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone: 250-385-1383
Toll free: 1-888-385-1383
Email: moconnor@mcbop.com
Web Site: www.mcbop.com/michael-j-oconnor-qc
Street Map: down town Victoria location near Court House
JERRY McLEAN
Jerry has a general solicitor practice specializing in Wills, Powers of Attorney, Representation Agreements, trusts and estate administration as well as corporate matters.
Jerry has extensive experience assisting people to prepare for the possibility of incapacity and the reality of death as well as assisting Executors and Administrators to administer the estates of their loved ones or friends who have passed away. He also has long-time experience with real estate matters and corporations.
Jerry has been practicing law in the Victoria area since his call to the Bar in 1978. His most recent experience was as the managing partner of Straith & Company, Lawyers.
JERRY McLEAN,
Barrister & Solictor
McConnan Bion O'Connor Peterson, Law Corp.
Suite #420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone 250-385-1383
Toll free 1-888-385-1383
Email: jmclean@mcbop.com
Web: McBOP.com/jeffy-mclean
Andrew
Tomilson
LL.B. LL.M.
Practice includes:
- Wills,
- Corporate Commercial, and
- Real Estate
Originally from Calgary, Andrew operated a business overseas before pursuing a career in Law.
Andrew obtained a Masters of Law in International Economic and Business Law in 2010 from Kyushu University on a full scholarship from the Japanese Ministry of Education, a Bachelor of Laws degree from the University of Victoria in 2009, and Bachelors of Arts degrees with distinction in History and Philosophy from the University of Calgary in 2002.
Andrew Tomilson,
Hutchison Oss-Cech Marlatt,
Barristers & Solicitors
#1 - 505 Fisgard Street,
Victoria B.C. V8W 1R3
Phone: (250) 360-2500
Toll Free: 1-866-887-4878
Profile on firm web site: https://www.hom-law.com/lawyers/andrew-tomilson/
Email: awt@hom-law.com
N. NIMA ROHANI, BA JD
Associate Counsel
Joined McConnan bion O'Connor Peterson, in 2016.
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His areas of practice include:
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N. Nima Rohani,
McConnan Bion O'Connor & Peterson Law Corporation
Suite # 420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone: 250-385-1383 Toll free: 1-888-385-1383
Email: nrohani@mcbop.com
Web Site: www.mcbop.com/n-nima-rohani/
Street Map: down town Victoria location near Court House
BHAVI TATHGAR, BA, LLB (honors) earned his law degree with honours from the University of Leicester, England, following completion of his Bachelor of Arts in Political Science, International Relations from the University of Victoria.
Bhavi is a product of diverse mentorship and prides himself on possessing 'old school' work ethics and values while adapting it to the fast-evolving world of law.
Bhavi is adventurous, innovative and adaptive. Highly valued are – hard work, honour, integrity and a genuine care for others. He is fascinated by a diverse range of experiences, thus enjoys travel and continuous self-development.
Bhavi entered the legal world by having the opportunity to experience criminal defence law and civil litigation in Vancouver, BC .... and has since worked primarily in the area of Real Estate Law, Wills & Estates and Business Law.
Bhavi is inspired by the resilience and growth of young people and has volunteered extensively through Big Brothers and Big Sisters Mentorship Program and has dedicated countless hours to helping the elderly in his community.
Bhavi Tathgar,
McConnan Bion O'Connor & Peterson Law Corporation
Suite # 420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone: 250-385-1383 Toll free: 1-888-385-1383
Email: btathgar@mcbop.com
Web Site: www.mcbop.com/bhavi-tathgar/
Street Map: down town Victoria location near Court House
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VICTORIA & VANCOUVER ISLAND LAWYERS:
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HUTCHISON OSS-CECH MARLATT
Barristers & Solicitors
#1 - 505 Fisgard St.
Victoria, B.C.
Canada V8W 1R3
www.hom-law.com
Toll Free: 1-866-887-4878
Victoria Tel: (250) 360-2500
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Dellis Rand,
BA MLS LLB
VANCOUVER BC
Probate Services
32 years experience
www.bcprobate.com
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Dellis Rand, BA MLS LLB
Metro Vancouver BC
Probate Services
over 32 years experience in probate and estate management
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