Stephen Hsia comments on new BC estate planning laws in The Lawyer’s Daily
The Lawyer's Daily, "B.C. sees new year changes to estate planning, real estate laws"
Stephen Hsia is featured in an article from The Lawyer’s Daily on amendments in British Columbia to permanently allow for remote electronic witnessing of the signing of enduring powers of attorney and representation agreements: …practitioners usually recommend clients get what...
Elena Hoffstein featured on RBC’s “Matters Beyond Wealth” podcast
RBC Matters Beyond Wealth Podcast
Elena Hoffstein is the featured guest on the December 7th, 2022 episode of RBC’s “Matters beyond Wealth” podcast. Speaking about “”Are Trusts Dead?”, Elena outlines the top three reasons that clients should consider trusts as part of their estate planning,...
Estate freezes: What are they and how they can help
When a Canadian owns shares in a private company, they might think about using an “estate freeze” to “freeze” or “lock-in” the value of their shares. Why do this? As I explain below, estate freezes can be an effective tax...
Elena Hoffstein and Stephen Hsia write on the laws governing gifts by will
The Philanthropist, "The laws governing gifts by will – and the pressures they put on executors"
In this article, Elena Hoffstein and Stephen Hsia propose that extending the window for executors to make a testamentary gift to charity could unlock more giving to the charitable sector: Executors have 60 months from a donor’s death to make...
Stephen Hsia quoted in Advisor’s Edge article on electronic wills
Advisor's Edge, "B.C. lawyers still wary after a year of electronic wills"
The article looks at the adoption of electronic wills in British Columbia: Stephen Hsia, an estate planning lawyer with Miller Thomson LLP in Vancouver, always regarded electronic wills as the next step in the evolution of testamentary documents. “I just...
Family’s dynamics: A critical consideration for effective estate planning
Introduction A well-executed estate plan ensures that wealth is transferred from one generation to another in a tax effective and strife-free way. Crucial to the planning process is a consideration of the many potential pitfalls that may emerge during both the...
Stephen Hsia and Jillana Schmidt-Kim write on electronic witnessing and signing of estate planning documents
The Lawyer's Daily
Stephen Hsia and Jillana Schmidt-Kim’s article titled “Estate planning: Electronic witnessing and signing in B.C.” is published in The Lawyer’s Daily: When preparing an estate plan, British Columbians are generally advised to make three basic documents: a will, an Enduring...
Frye v. Frye Estate: A Refresher
Tax for the Owner-Manager, Volume 22, Number 3, July 2022, 11-13
When determining rights to property, many of us hark back to law school and our first-year property law class, where we were constantly reminded of the fundamental legal premise embodied in the Latin phrase nemo dat quod non habet, meaning...
Electronic witnessing and signing of estate planning documents in British Columbia
Much has changed since May 19, 2020. That is when British Columbia first allowed the remote witnessing of wills, enduring powers of attorney (EPAs), and representation agreements (RAs) to accommodate those isolating because of COVID-19 and the resulting restrictions on...
Does a promise to transfer property create an express trust?
The British Columbia Court of Appeal recently dealt with whether a promise to transfer property created an express trust in Virk v. Singh, 2022 BCCA 153. Background Mr. and Mrs. Virk married in India in 1977, where they met Mr....