BCLI Releases Updated Guide on Undue Influence

The BC Law Institute (BCLI) has issued an updated and revised version of its widely used and frequently cited Guide on recommended practices for dealing with potential undue influence surrounding wills and other personal planning documents.  The new version, entitled Undue Influence Recognition and Prevention: A Guide for Legal Practitioners, is intended for the era of remote signing and witnessing of wills, powers of attorney, and representation agreements by means of audiovisual technology, and increased Read more…

Parentage committee discusses inheritance and parentage for posthumously conceived children

In December, BCLI’s Parentage Law Reform Project Committee continued its discussion of posthumous conception. The committee focused on one issue relating to who can be named a parent for a posthumously conceived child under BC’s Family Law Act and two issues relating to inheritance for posthumously conceived children under BC’s Wills, Estates and Succession Act. First, the committee examined whether section 28 of the Family Law Act should continue to limit the maximum number of Read more…

Parentage committee discusses parentage of posthumously conceived children

In November, BCLI’s Parentage Law Reform Project Committee started discussing the topic of posthumous conception. Posthumous conception occurs when a child is conceived using assisted reproduction after one of their parents has died. This can occur either through a person’s sperm or eggs being removed from their body after death, or using sperm, eggs, or embryos which were previously banked prior to the person’s death. The legal framework for posthumous conception spans three pieces of Read more…

By Sara Pon, ago

Consider Helping BCLI for #GivingTuesday 

Help move the law forward this #GivingTuesday by supporting the BC Law Institute and the Canadian Centre for Elder Law. For over 25 years, the BCLI and CCEL have worked to ensure that laws in British Columbia reflect the needs of communities across the province. We engage in scholarly research and analysis of laws to determine pathways for law reform. We also conduct key research to create practical resources in a variety of areas, from Read more…

By British Columbia Law Institute, ago

Parentage committee considers whether counselling should be required in connection with agreements under part 3 of the Family Law Act

At its second committee meeting in October 2022, BCLI’s Parentage Law Reform Project Committee considered whether parties to an agreement respecting parentage under part 3 of the Family Law Act should be required to obtain psychosocial counselling in connection with that agreement. Counselling differs from independent legal advice, which is sometimes required as a part of these agreements. Counselling addresses the personal and social dynamics of the parties. It is widely considered to be an Read more…