Wills & Estate Law Information Area
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Robert Hutchison, LLB
Arbitrator Mediation ADR Services from available for assistance as an alternative to wills / estate litigation
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MICHAEL R. MARK, BA, LL.B.
Preferred areas of practice in civil litigation include: estate litigation, personal injury, and commercial disputes.
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 & Estate Litigation
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 Variation Act.
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 6 months 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 Federal prosecutor in drug, and 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 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: McBOP.com
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/corp/partners/bion.html
JAMES S. HUTCHISON, LL.B. Areas of Practice: Corporate-Commercial Litigation, 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 originallaly 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
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 www.law.uvic.ca/Current_Students/ winter/masterlist.html
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
CHARLOTTE A. SALOMON
Wills & Estates Lawyer
B.A. (York U. - 1992), LL.B (UVIC - 1995)
McConnan Bion O'Connor & Peterson Law Corp.
Charlotte was called to the British Columbia Bar after articling with McConnan Bion O'Connor & Peterson. Her preferred area of practise is wills/estates and litigation, including commercial litigation.
Charlotte comes from a background of real estate development and corporate commercial financing. Charlotte has in the past served as a member of the Board of Governors, Victoria Conservatory of Music, and has been President of the Victoria Federal Liberal Association for 3 years. In 2007
her community & professional work includes:
- Chair of the Canadian Bar Association, Civil Litigation Section, Vancouver Island, 2007 -
- Treasurer for the Victoria Bar Association, 2007
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President of the Saanich Gulf Islands Federal Liberal Electorial District Association [formerly known as "ridings"] 2007
Charlotte A. Salomon, Barrister & Solicitor
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
Email: csalomon@mcbop.com
LISTING CORRECTIONS & CHANGES TO PERSONAL INJURY LAWYERS LISTINGS 2003-2007
NB
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1 - 20 of results displayed - more listings to be added as
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ALAN JEREMY PETERSON
Business-Commercial Law Lawyer
B.A. (UVIC - 1970),
LL.B. (UBC - 1974),
Admitted to the BC Bar 1975
Alan joined McConnan Bion O'Connor & Peterson in 1976. He has an extensive wills and estates practise. He also practises in the areas of corporate, commercial and real estate law, commercial financing, land use issues, construction issues and small business. He acts as head office counsel and advisor to a number of credit unions in British Columbia providing him with significant experience in management and organizational issues.
Alan is the Past Chair of the Board of Directors of the Victoria Airport Authority and a member of the Oak Bay Police Board and a former Governor of the Victoria Conservatory of Music. Alan was a councillor at the Municipality of Saanich for six years and a former Chair of the [Victoria BC] Capital Regional District
Alan J. Peterson
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: apeterson@mcbop.com
Web Site: mcbop.com/corp/partners/peterson.html
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]
MICHAEL JAMES O'CONNOR
B.A. (UVIC - 1971),
LL.B. (UBC - 1974),
Admitted to the BC Bar 1975
Michael has been a senior partner at McConnan, Bion, O'Connor & Peterson since 1976. Michael's preferred areas of practise include wills, estates and conveyancing, as well as all forms of civil litigation, including personal injury claims, expropriation, property tax assessment appeals and contract disputes.
Michael chaired the highly successful Capital Campaign of the Greater Victoria Hospital Foundation, "Together We Care", raising 17 million dollars for the hospitals on Southern Vancouver Island. He is a member of the CH Channel 6 Community Advisory Board and a Trustee of the British Columbia Government House Foundation. He has held several executive positions with several sports bodies at the local, Provincial and National levels. He is the Vice Past Chairman of the 1994 Commonwealth Games held at Victoria, BC.
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: McBOP.com/corp/partners/oconnor.html
KENNETH PAUL GUSTAFSON
LL.B. (UVIC - 1982) Admitted to the BC Bar 1983
He has a general solicitor practise advising individual and corporate clients on a full range of business matters, including construction law, collections, builders liens, wills, estates, real estate purchases and sales, and mortgages for both institutional and private lenders.
Ken was born in Victoria and after practising briefly in Prince George, joined McConnan Bion O'Connor & Peterson in 1983 and has been a principal of the firm since 1985.
Kenneth P. Gustafson
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: kgustafson@mcbop.com
Web Site: www.mcbop.com/corp/partners/bion.html
What Are Representation Agreements? and
Powers of Attorney?
This information is provided courtesy of the wills & estates lawyers at McBOP.com
Representation Agreements - 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 MICHAEL R. MARK, BA, LL.B. at McConnan Bion O'Connor & Peterson Law Corp. for more information on the above services.
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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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