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Wills & Estate Law Information Area


BC Ministry of Justice

About Wills and 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.

Charlotte A. Salomon, wills & estates / litigation lawyer with background in real estate development - helps plan for your wealth management as  part of your estate planning - CLICK FOR MORE INFO



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Reference Links for Legal Information

Members of Lawyers-BC.com

Michael Mark, wills disputes, wills variation act, estate litigator,  lawyer wearing court robes in Victoria B.C. office

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 Mark, wills disputes, wills variation act, estate litigator,  lawyer wearing court robes in Victoria B.C. office

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 Bion offers wills and estates law services in addition to his general business-commercial law practice

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 Hutchison, BA LLB experienced business, corporate, finance and intellectual property lawyer as well as estate planning and wealth management, in downtown Victoria - CLICK FOR MORE  INFORMATION  at Hutchison Oss-Cech Marlett law corp web site

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?

Michael Mark, wills disputes, wills variation act, estate litigator,  lawyer wearing court robes in Victoria B.C. office

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

Charlotte Salomon, experienced in wills, esates planning and probate, in downtonw Victoria offices of www.mcbop.com

Contact for more information on the above services.

CHARLOTTE SALOMON, 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:  McBop.com/charlotte-a-salomon/
Street Map: 
down town 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 Scambler, QC - Victoria BC lawyer with preferred areas of practice in  real property transactions and wills & estates, probate  - CLICK FOR PROFILE

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 Marlatt, wills disputes / variation / litigation lawyer in downtown Victoria  with background in personal injury and brain injury ICBC claims disputes

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: www.hom-law.com/practice ... 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 Peterson,  Victoria  Victoria wills-estates , corporate, commercial real estate law and commercial financing, land use issues and construction law issues including small business  law

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

McConnan Bion O'Conner Peterson Law Firm graphic logo of Victoria downtown law firm


· Representation   Agreements


· Powers of Attorney


· Wills Variation Litigation



Charlotte A. Salomon, wills, estates, incapacity planning  itigation lawyer - also has  background in real estate development - helps plan for your wealth management as  part of your estate planning

CHARLOTTE SALOMON, BA JD

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.  In June 2012, she was appointed by a BC Legislature Order in Council to the board of directors of the British Columbia Assessment Authority.

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.

Charlotte Salomon, experienced in wills, esates planning and probate, in downtonw Victoria offices of www.mcbop.com

As well, Charlotte has also served as a member of the Board of Governors of the Victoria Conservatory of Music

She has lectured on Wills and Estates, Civil Litigation, and Leadership issues.

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/lawyers/charlotte-a-salomon
Email:  csalomon@mcbop.com
Street Map:  down town Victoria location near Court House



Dirk Ryneveld, Queens Counsel, civil litigation practice includes estate administrative and regulatory law, brings experience as former BC Police complaints commissioner and international criminal court at the Hague to both private and governement clients

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:
· Civil Forfeiture for the BC Ministry of Justice
· Personal Injury
· Real Estate
· Wills
· 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:  down town Victoria location near Court House




Michael O'Connor, Queens Counsel - experienced in area  of  wills litiigation

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, lawyer with extensive experience in wills and estates as well as incapacity planning-preparartion

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








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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

Legal Information

Bruce Lemer, personal injury / product liability / professional- medical negligence / class action lawyer / product liability - in his Vancouver Howe St. office, has dealt with wills-variation / breach of trust litigation cases - CLICK FOR INFO

Vancouver  Canada Immigration / Work Permits /  Business Lawyers Directory

Dellis Rand PROBATE LAWYER WITH over 28 years of experience Dellis Rand, BA MLS LLB
Metro Vancouver
BC
Probate Services
over 32 years experience in probate and estate management