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A Broken Will
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Before the Wills, Estates, and Succession Act (WESA) of British Columbia replaced the Wills Variation Act in 2014, a Will was considered valid if the courts were satisfied that the Will was in writing, had been signed by the testator (will-maker), and had been properly witnessed. While these aspects are still important, the introduction of WESA has since given the courts of British Columbia discretionary authority to cure a Will with deficiencies which would otherwise invalidate the Will, if it is deemed to clearly represent a deceased testator’s true intentions.
Consider the following scenario: Johan was married and had two adult children. Johan was also an avid sailor and had a sailboat called the Misty Morning that he treasured. Johan had a 2014 Will in place that distributed his wealth equally among his surviving wife and his two children. Three years before his passing, Johan had taken it upon himself to mentor Arthur, a young and ambitious wealth management professional whom he had hired at his private equity finance firm. Their mentorship brought them even closer as they discovered that they had a lot in common, including a passion for sailing. Arthur reminded Johan of himself in his younger and more formative years. Johan and Arthur went sailing aboard the Misty Morning every chance they would get. Johan’s wife often remarked to friends and family that she had not seen Johan so full of life in years since he started sailing again.
Johan had a sudden illness and passed away. A 2018 Will was found in his home study. The Will was signed by Johan, but only had one witness instead of the required two. The witness was a legal assistant at the firm who drafted the Will.  Its terms resembled the terms of the 2014 Will except that this new document included Arthur as beneficiary of the Misty Morning as a gift upon Johan’s death. His children considered the boat an heirloom which they expected to inherit. His children challenged the validity of the newfound Will, stating that the Will was not valid, due to the lack of a second witness, and because it did not represent Johan’s wishes, to their knowledge.
The Court determined that although the 2018 Will had not been signed by Johan in the presence of two witnesses, the evidence of the relationship between Arthur and the deceased was convincing that the 2018 Will outlined the testamentary intentions of Johan. The Court considered the fact that Arthur was not a witness to the Will and that there was no evidence of undue influence on his part. The Court exercised their discretion to uphold the Will as valid and Arthur received the Misty Morning.
On application, the Court in British Columbia can use discretion to determine whether a document or writing on a Will represents:
a) the testamentary intentions of a deceased Testator;and either
b) the intention of a deceased person to revoke, alter or revive a Will or testamentary disposition of the deceased; or
c) the intention of a deceased person to revoke, alter or revive a testamentary disposition contained in a document other than a Will.
Since the adoption of the WESA and the discretion this legislation has given courts to cure deficiencies in a Will, there has been a rise in challenges to Wills by people trying to validate documents as Wills. These may range from saved text message drafts to writings in journals and letters. It is important to understand that the more a document deviates from the standard requirements of what WESA considers a valid Will, the lower the chance that the court will deem it as proof of the deceased Testator’s testamentary intention. It is important for a Testator to understand that for her/his intentions and wishes to be followed upon their death, they have to ensure that they have a Will that leaves as little uncertainty and guesswork as possible. This will ensure that anyone who should rightfully inherit parts of the estate, does so and anyone who was not an intended beneficiary does not. Should a testator have questions on what constitutes a valid Will, or if beneficiaries contend with a Will with questionable validity, the best course of action is to seek expert legal advice. Helpforme will provide you with consultation and guidance on estate litigation in British Columbia.
Helpforme, the Personal Legal Services division of Hammerberg Lawyers LLP, offers legal expertise and guidance in Inheritance Law and expert guidance.
Helpforme offers a free consultation and will work quickly to determine whether you have a valid claim under the law. Helpforme’s uniquely personal and empathetic client approach emphasizes guiding people through a difficult and emotional dispute and leading them through a resolution process to restore their sense of justice. The Helpforme team also assert that not all estate disputes need to involve litigation – Helpforme estate litigation lawyers are also experienced negotiators and can often find amicable solutions among beneficiaries.
As for legal fees, Helpforme, takes a personalized approach depending on each client’s situation and where possible, takes claims on a contingency basis.  Helpforme’s estate litigation group focuses on assisting people in a process that is too complex to resolve on their own, while keeping their best interests in mind and adding value every step of the way.
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thomaslucasblr-blog · 6 years ago
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A Personal Decision: Finding the Right Lawyer For You
When you’ve sufferred an injury or are dealing with a legal issue, choosing a lawyer to help you can be stressful. One long-established West Coast law firm has started a new service -- Helpforme -- to eliminate as much stress as possible from making that choice. Helpforme was created as the go-to legal brand for people who may not have used a lawyer before. With a sole focus on personal legal services, Helpforme’s team are passionate advocates for their clients, and guided by a clear set of moral and ethical standards. All fees are contingency-based, which means you don’t have to pay until your legal issue is resolved.
Helpforme specializes in four distinct areas: personal injury, estate litigation, insurance denials and product liability. The new service is powered by one of BC’s largest and most experienced teams of personal injury lawyers under one roof. With more than 180 combined years of professional experience, the legal service has handled more than 7,000 cases, winning over $425 million in settlements for its clients.
Helpforme offers the following tips for finding the right lawyer for you:
1. Look for experience and expertise. Ensure that they have previous, relevant,  experience working on your type of situation, problem or legal issue.  
2. Check previous success rates. Find a personal lawyer with a history of being a strong advocate for his/her clients.
3. Read client testimonials. Research and read client testimonials and reviews. Ask friends and family if they’ve had occasion to use a legal service or lawyer  --  who they used, and most importantly, why.
4. Control the cost. Don’t pay when you don’t have to. Many lawyers require upfront payments to start work, whereas  Helpforme operates on a contingency basis, which means you don’t pay anything until the successful resolution of your legal issue.
5. Find the right fit. Find a lawyer who understands you and your case. Not just legally, but the impact it has on you emotionally and physically.
6. Make sure the lawyer you sign up with is the one that works with you. Some law firms take your case at the initial meeting, but pass it onto another person -- for instance, a paralegal -- without you knowing about it.
7. Don’t sign up for a referral service online. Work with an actual lawyer who is knowledgeable and can represent you. Referral service websites usually have no legal background and can’t help you.
Helpforme’s team of lawyers have that breadth and precise depth of knowledge -- and they share it with you every step of the way. Helpforme Managing Partner Joel Zanatta says: “We created Helpforme to reduce as much client stress as possible from the legal side of the equation - that’s our job – and we never forget that our clients are real people, first and foremost. We do all we possibly can to help them get back on track, recover and rebuild.”
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danielwatsonfan-blog · 6 years ago
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Getting a bad rap … and getting justice
It’s fair to say large segments of society take a rather dim view of people who ride motorcycles. Bikers have had a pretty bad reputation over the years, thanks to depictions in the media, films, and certain biker gangs that have a criminal element to them.
 Motorcycles are also seen as being inherently dangerous vehicles. Riders are seen as being reckless and dangerous, too. Unfortunately, there’s a lot of misinformation based on ugly stereotypes and the actions of a rogue minority.
Every time a motorcyclist goes out on the road and causes trouble it makes every decent biker look bad. It makes local law enforcement less friendly, and it may actually put the lives of other bikers at risk, as motorists are quicker to anger when it comes to mistakes made by people on bikes.
 Here are some basic tips on how to be a responsible motorcyclist.
This can’t be said enough: alcohol and motorcycles do not mix. One of the ugliest stereotypes is that of the drunken biker, and there is no argument that can be made to justify riding when you are over the legal limit.
Bikes can go fast. Faster than almost anything else on the road, except some of the most exotic millionaire’s toys. That doesn’t mean that a public road is the place to go fast. If you want to test the limits of your machine, then do it right. Call your local track and find out what you need in order to take part in a track day.
Lane splitting is when a motorcyclist drives on the line that divides two lanes. First of all, it’s absolutely illegal in B.C., but in general it’s tolerated as just something that bikers do.   Motorists are not obliged to leave you enough space to do it. They don’t expect traffic to be running on the dividing line of the lane, and biker lane splitters do so at their own peril.
Public roads are not the place to practice stunt riding. You can find a safer place to practice wheelies and stoppies than a public space shared by innocent road users.
Motorcyclists are, for the majority of the time, safe and courteous drivers. They need to be, because they’re so exposed on the road. Motorcyclists know that good driving keeps them as safe as possible.
 When motorcyclists are in an accident, the first thing they need to do (besides attending to any injuries, of course) is hire an experienced personal injury lawyer.
 That’s where the special expertise of Helpforme comes in. Besides their deep knowledge of and expertise in ICBC claims, a number of Helpforme lawyers are motorcyclists themselves. They know that bikers aren’t automatically at fault and can guide you through every step of the ICBC claim process.
 Helpforme has one of the largest groups of personal injury lawyers under one roof in BC. They’re your personal advocates to help you through the complexities of an ICBC claim, ensuring you get the settlement or court award you deserve. And Helpforme has contingency-based fees, so you don’t pay until your claim is resolved. Find out how Helpforme can help you.
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jacksonmayson · 6 years ago
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Avoiding car accidents … and what to do when you have one.
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They happen in an eye-blink, and usually what comes next is a blur. We’re not talking about your vision -- it’s a car accident.
If you’ve never been in a car accident, and think you never will, here are some sobering numbers from the Insurance Corporation of British Columbia (ICBC). In its last full year of statistics, ICBC reported 330,000 car accidents in the province -- 220,000 of them occurring in the Lower Mainland.
No matter how careful and skillful a driver you may be -- your chance of being in an accident is roughly one in 10 every time you’re on the road. And the results of an accident range from light car-body damage to injury to a tragic death (273 throughout BC in 2016).
The rules of safe driving are, for the most part, common sense, or at least clearly indicated by road signs. We also rely on our years of driving experience to follow the rules and keep safe.
Unfortunately, all too often, our experience behind the wheel can make us lax about following laws and regulations. Here are the basics, which can never be revisited enough.
Be alert; never drive impaired or fatigued.
Always wear your seat belt -- and make sure everyone in your car is, too.
Maintain a speed-safe distance between you and the vehicle ahead of you.
Look ahead -- if you see a line of brake lights coming on, slow down too.
Take particular care at intersections: left-hand turns crossing your path, and pedestrians.
Be wary of our BC rain: more accidents occur in rainy conditions than snow.
Pay attention to road signs: they’re there for a reason.
But no matter how carefully you drive, accidents can be completely unpredictable, and often not your fault. What do you do then?
Mostly, common sense things -- as hard as it may be to think that way after such a shock to your system.
If anyone’s injured, call 911, and get paramedics at the scene fast. Call for the police if the other driver seems impaired or was driving aggressively. Exchange information with the other driver. Get as much information as you can but, at the very least, write down their licence plate number.
Immediately seek legal representation with a law firm that specializes in ICBC law. At the time of the accident, there are too many things to deal with on your own; whether it’s assessing the damage to your vehicle, seeking treatment for your injuries or making sure witnesses are contacted to support your side of the story.
You don’t have to call ICBC immediately. In fact, you or your lawyer can contact them within a “reasonable” time. He or she will look out for your interests and make sure that ICBC doesn’t take advantage of you. Your representation should start as soon as possible.
Helpforme has one of the largest groups of personal injury lawyers under one roof in BC. They’re your personal advocates to help you through the complexities of an ICBC claim, and ensure you’re getting the settlement or court award that you deserve.  Helpforme has contingency-based fees, so you don’t pay until your claim is resolved. Find out how Helpforme can help you.
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pbhhill · 8 years ago
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Back in the kitchen 😂😂 domestic !! ✔ Stocking the freezer for the "O'l Mate"with Pea & Ham Soup all-time Fav. Secret ingredient to kick start this round - Chicken broth - Thankyou @2manyraspberries #freezerfood #healthysoups #chickenbroth #foodysecrets #helpformates #foodassist #mountainlifestyle #living #beachbumtomorrow
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