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~Wills and Estates Part Two

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Page 37, February 4, 1979 - Sunday News

By GORDON HARDY .
The Parrot House
restaurant.in Victoria is a

_, Feminder of an eccentric will
that tied up $60,000 with a
brandy-sipping parrot for 18.

years.

Victoria Wilson died in-
1949 leaving-the. money to -

her’ gardener for the pur-
poses of looking after Louis,
her favorite parrot. The

balance of the money wasto _
go to the Red Cross when the

bird died. .

But 103-yetr'old Louis was

still alive in 1967, drinking a
daily ration of brandy in the
woman’s mansion in
downtown Victoria where he
lived with the gardener.

Despairing of the bird's
death — Louis was a species
that lives up to 300 years —
the Red Cross sued and
Louis lost. The old mansion
was torn down and the
Chateau Victoria erected in
its place. It now houses the
Parrot House.

Peculiar as it was, Victoria
Wilson's will served its
Purpose, at least for 18 years

a will is how you
distribute your belongings
after your death.

Usually there are specific
bequests or gifts, of certain
items or sums of money to
identified individuals. You
cannot bequeath money
directly to an animal, but
you can to a person with
responsibility for that
animal, as in the case of
Victoria Wilson's gardener.

Specific bequests are
frequently used to handle
heirlooms, gifts to friends
and charities, etc.

Most wills contain a
residuary clause which
stipulates that the rest of the
estate, after subtraction of
the bequests, is left to a
named beneficiary.

Gillian Andrew warns in
the booklet Wills and
Estates, “If you have no

residuary clause and try to.

deal with all your estate by
means of specific bequests,
you run the risk of forgetting
something or becoming the
owner of some property
after you have made your
will. In that case, the rules
for distributing an intestate
estate apply to whatever
property your will docs not
deal with.”

Aside from distributing
your property, wills have an
important role in passing

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' Andrew writes,

cautions

your. family business

"Wills determine who will
act as a guardian for children
in case the parents die.
“In making
your will, always prepare for_.
the worst; so make provision
for the death of both
parents”.

“You can appoint anyone.
you wish to be your
children’s guardian and raise
them, if you and your spouse
die,” she says. “You should
talk to the person you select
as guardian to check if she or
he is prepared to accept the
responsibility, since-the law
cannot force anyone to
accept a gift or responsibility
under a will.”

The document should also
provide for financial
‘assistance to the guardian to
cover the costs of raising
your children, as well” as
stipulate whether the family
home is to be used to raise
them in. oe

A will allows for funds
your spouse and children
may require and eliminates
the necessity of applying to
B.C. Supreme Court, as is

‘the case if you die without a
will.

Another important
function of a will is the
appointment of an executor
whose task is to supervise
the settlement of the estate.
Often a spouse or eldest
child is selected. Naturally,
it’s better to select someone
younger than yourself so as
to ensure that the person
survives you.

In B.C. an executor must
be an adult — 19 years or
older — and of sound mind.
More than one can be ap-
pointed.

Here, Andrew
executors

too,
that

Squid be consulted" before’.
responsibilities on to others bei

when you can no longer “Should the executor decide °
‘discharge them. —_-. oo

named in. the -will.
after you die that he doesn't

want the responsibility, the
B.C. Supreme Court will
appoint an administrator as
if you died intestate but your -

will still governs. what
happens! to your property.

A will is also” used to
appoint a trustee Or trustees
whose job is the longterm

‘Management of your estate.

according to your wishes.
Trustees. are bound to: do
what your will instructs if
they accept Office, as long as
the will does not demand
anything illegal.

There are limits on this:

there isa rule called the Rule

against Perpetuities which .

prevents you from con-
trolling your estate forever
after you die. Your control
may only extend for the life-
time of someone alive at the
time of your death and 21

* years after that.

Trustees can prevent
unwise spending of money
by beneficiaries, or can
provide more capable
management of the affairs of
the estate than you think will
be provided by the people
whom you want to benefit.

Most estate trusts are
made to end when the
youngest person among your
beneficiaries reaches
adulthood. ;

rew says, “Since the
trustée has legal title to your
estate, it is essential that you
caf trust him not to misuse it
for his own purpose. If this
happens, your beneficiaries
can sue him, but he may
have disappeared by then or
have no money to make
good his debt.”

Many people appoint trust
companies or banks as their
trustees but Vancouver
lawyer Paul Beckmann

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used for organ transplants or
scientific purposes. Oddly, —

suggests” “that | “people with

- estates of under $100,000 do
“Hot require them.

“JT don’t think trust

‘companies are ‘interested in .
estates under $50,000 and —
those less than $100,000 are .

marginal. The fees are such
it’s not worth their while,” he
says.

Another function of a will

is to make your funeral ~

wishes known — whether
you wish to be buried,
cremated or have-your-body

, this is the only part
ofthe will that is not binding
on. the. executor. He can
quite legally have you
cremated even though you

- requested buriel.

For more information please

by writing 2110-C West 12th
contact the Vancouver AVenue, Vancouver, B.C.
People’s Law School for its or telephone 734-1126.

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