By Monique Shebbeare In British Columbia Birth Registration No. 2018-XX-XX5815, 2021 BCSC 767 – a case in which I was honoured to be one of the three lawyers each representing one of the parents involved – the court granted a parentage declaration to the third parent in a polyamorous family where only two parents were […]
In BC, there is a bright line on parentage between children conceived through sexual intercourse and those conceived through assisted reproduction (anything other than sexual intercourse, for example donor insemination, IVF). In BC, the Family Law Act says if a child is conceived through assisted reproduction, a donor is not a legal parent unless they […]
In a previous post, I discussed choosing guardians for your children in your Will. A Will is also very important for making financial arrangements for your children. In this post, I am talking about children who are under 19 as well as those who might be over 19 but not yet fully financially responsible (who […]
This is a starting point for executors on what needs to be done when a person dies. Some tasks may be handled by other family members, and there may be more tasks depending on the complexity of the estate and the terms of the Will. Initial Notifications and Tasks Notify family and friends, employer Make […]
In BC, probate fee avoidance can be a bit of an obsession. And like any obsession, sometimes the things people do cause a lot more problems than they solve. What is probate, and what are probate fees? Probate is the court order which legally confirms that a deceased person’s Will is their valid last Will, […]
Many couples assume that if they have stored sperm, ova (eggs) or embryos at a fertility clinic, if one of them died, the other could automatically use those to conceive a child. Is that true? No – Canada’s Assisted Human Reproduction Act, and the Assisted Human Reproduction (Section 8 Consent) Regulations have very specific requirements […]
Most intended parents and surrogates talk through a lot of issues before they make the decision to embark on the surrogacy process together, and long before either goes to a lawyer about drawing up the Surrogacy Agreement. In some ways, a Surrogacy Agreement is a communication tool. Putting everyone’s intentions in black and white, in […]
This is a starting point for individuals in BC on documents to put in place and basic tasks to help things go smoothly for themselves and their loved ones in the event of death or incapacity. Keep in mind that everyone’s situation is different, and your lawyer may raise issues and suggest strategies that are beyond this […]
A landmark decision has been made by the Supreme Court of Canada today granting a declaration of Aboriginal title to a portion of the traditional lands of the Tsilhqot’in Nation in BC and making that title meaningful for the Tsilhqot’in Nation – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44. ** Why is a wills […]
BC’s Family Law Act provides a set of rules for dividing property of separating couples who are married or who have lived with each other in a marriage-like relationship for a continuous period of at least 2 years. * When couples make marriage and cohabitation agreements, they are contracting out of this default scheme for […]