Wills and Incapacity Planning (Power of Attorney and Representation Agreement)

David Frappier Law Corporation can help you with the following:

• Advising clients and preparing Wills to suit their needs, wishes, and arrangements for their beneficiaries after their passing.
• Estate planning for the efficient transfer of assets to other specific individuals upon the Will-maker’s death.
• Discussing a variety of issues such as your family, corporate interests, ownership of real estate and title, joint holdership of liquid and tangible assets, beneficial designations, and insurance coverage.
• Advising clients and preparing a Power of Attorney to allow the individual to appoint an agent to assist with the management of the individual’s financial affairs, if ever required.  We can prepare “Enduring” Powers of Attorney, which allow the individual to receive help from their appointed agent while the individual is capable of making financial decisions and provides the power to endure any subsequent mental infirmity of the individual.
• The complementing document to a Power of Attorney is a Representation Agreement.  This allows the individual to appoint a Representative to make personal and health care decisions, as well as end of life decisions on behalf of an individual, in the event that the individual is ever unable to make their own medical or personal health care decisions by reason of mental or physical incapacity.

 

Probate and Estate Law

If you need assistance dealing with an estate, David Frappier can assist with any Probate or Estate matters.  This may include:

• Making an application and obtaining Grant of Probate (when the deceased has a legally valid Will) or Letters of Administration (when the deceased does not have a Will and has died “intestate”).
• Advising clients as to the sequence of the estate administration process.
• Advising clients regarding the potential liability and legal responsibilities of a Personal Representative.

 

Trusts (Inter Vivos, or trusts established during one’s lifetime)

If you are seeking a Trust (a legal structure where the Settlor assigns assets to be held by a trustee for the benefit of another individual), David Frappier Law Corporation can draft any one of a variety of trusts to suit your needs, whether it be for tax and/or succession planning, or asset protection purposes.  

The most common trusts are Alter Ego Trusts (for one individual) and Joint Partner and/or Spousal Trusts (for married or common-law spouses).  

These legal instruments are important to ensure wealth preservation and succession planning.  Trusts also can ensure that no probate fees (an approximate 1.4% “estate tax” on the gross value of the assets) are payable on the assets after death or the assets transferred to a trust.  Trusts can save thousands of dollars that would otherwise be paid to the government upon death and are often utilized for asset holdings of $1,000,000.00 or greater.

 

Corporate Law
David Frappier Law Corporation can assist you with:

• Incorporating a new business or existing business.
• Organizing the structure of your corporation or society.
• Incorporating a professional corporation.
• Dissolving or restoring a corporation.
• Creating shareholder or partnership agreements.
• Act as your corporate Registered and Records office, and prepare and file completed annual resolutions and minutes of your corporation to ensure your corporation remains in “good standing” with the British Columbia Corporate Registry.

They can also assist clients with the sale or purchase of existing corporations.  Please contact the office for further details.

Nomination of Committeeship

A Nomination of Committeeship is a court order that is required for an individual to assist an incapacitated adult (perhaps due to dementia, stroke, Alzheimer’s, illness) who can no longer manage their own “property and/or personal and health care” and that adult does not have their own Power of Attorney or Representation Agreement in place.  An order for Committeeship requires a British Columbia Supreme Court application and court appearance to obtain an order for Nomination of Committeeship.  Establishing a Power of Attorney and Representation Agreement while the adult is still able to exercise their own decisions can ensure avoiding the need for a Nomination of Committeeship.  

 

Cohabitation (or “prenuptial agreements”) and Marriage Agreements 

David Frappier Law Corporation can draft agreements for common law and married individuals to plan how assets will be divided between spouses in the event of a separation.  Planning in advance of such an event will provide a plan for both individuals that can ultimately save time and money in the event of a dissolution of the relationship.

 

Separation Agreements

Separation agreements are a contract between separated spouses, married or common-law, created after the dissolution of the relationship, that governs the division of the assets acquired during the relationship.  A separation agreement can ensure that both individuals have complete control over their breakdown of the relationship and avoid having to engage in any court processes, thus saving time and money.  

 

Desk Order (or uncontested) Divorce

When it comes time to obtain an Order for Divorce, thus ending the marriage, such an Order can be obtained without having to engage the court process.  This can be obtained if both individuals are in agreement with the divorce.  This process is straightforward and can be cost-effective compared to attending court for such an order.  This approach can reduce stress and acrimony between the separated individuals (who have been living separately and apart for at least one year) and save time and money compared to engaging the courts.

 

Provincial Court Family Representation

David Frappier Law Corporation can provide representation for British Columbia Provincial Court family matters pertaining to such issues as Guardianship, Parenting Time, Parental Responsibilities, Child and/or Spousal Support, and a variety of other orders such as Paternity and Protection orders.

 

Small Claims Civil Matters

David Frappier Law Corporation can provide representation for civil suit matters for claims under $35,000.00.  This pertains to contract disputes and/or recovery of personal property.   

 

Real Estate Transactions

David Frappier Law Corporation works in conjunction with Gary Lilienweiss, Barrister and Solicitor.  Both practices occupy the same office, so clients of 
Mr. Frappier is often referred to Mr. Lilienweiss for assistance with residential property purchases and sales. 

 

 

 

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