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Common Estate Planning Myths: What You Need to Know About Wills
An estate plan is a collection of legal documents that outline what should happen to your assets and loved ones if you pass away or become unable to make decisions for yourself — for example, due to an illness, accident, or stroke.
A complete estate plan usually includes a will, powers of attorney, and other documents that make sure your financial and personal wishes are carried out according to your intentions.
Read further to explore the various common myths held about these legal documents.
How Do the Courts Deal with Secret Families in Family Law Matters in BC?
When a marriage ends and one spouse discovers that the other has maintained a “secret family,” the emotional impact can be enormous—but in family law, the focus is on the financial consequences. British Columbia courts do not punish moral wrongdoing. Instead, they look at whether a spouse’s conduct has caused an unfair financial impact on the division of family property. The case of Poon v. Yuen, 2024 BCCA 374, provides a clear example of how the courts handle such situations under the Family Law Act.
How to Appeal BC Court of Appeal Family Law Decisions to the Supreme Court of Canada
When a family law matter has gone through the BC Supreme Court and the BC Court of Appeal, you may wonder whether it’s possible to take your case even higher. In Canada, the Supreme Court of Canada (SCC) is the country’s highest court, and in exceptional circumstances, it can review decisions made by provincial appellate courts, including family law cases.
How to Appeal a Supreme Court Family Law Decision to the BC Court of Appeal
Appealing a decision to the BC Court of Appeal is a critical step in family law cases. At this level, your case is reviewed by a panel of three judges, who consider whether the trial judge in the BC Supreme Court made an error that affected the outcome. For an appeal to succeed, at least two of the three judges must agree that the original decision was incorrect.
Appealing a Family Law Order in Provincial Court or Supreme Court in BC
If a judge in either Provincial Court or Supreme Court makes an order that you believe is wrong, you may have the option to challenge it. In BC family law, some decisions can be reviewed by a higher court through an appeal. Appeals are only available in specific situations, usually where the judge or master made a mistake in applying the law or in interpreting the facts. Because strict deadlines apply, it’s important to get legal advice as soon as possible.
Do I Need a Lawyer to Divorce in British Columbia?
When facing the end of a marriage, one of the first questions many people ask is whether they need a lawyer to get a divorce in British Columbia. The short answer is no — you do not need a lawyer to get divorced in British Columbia. However, there’s much more to it than that. While anyone can represent themselves, the process can quickly become complicated, and having an experienced family lawyer can make a significant difference in ensuring your rights are protected and the process goes smoothly.
Thinking About Divorce in BC?
If you’re considering divorce in BC, you’re not alone. Ending a marriage is one of the most significant transitions in life—emotionally, financially, and legally. Whether your situation is straightforward or complicated, understanding how divorce works in BC can help you make informed decisions and plan your next steps with confidence.
What Does Co-Parenting After Separation Look Like?
In British Columbia, co-parents may use separation agreements or parenting plans to set out parenting schedules after separation. Parenting plans should always put the children’s best interests first, and should not be solely based on the convenience of the parents.
Coercion and Control in Family Law BC
Family violence is a serious issue, and in Canada, it is recognized as any form of abuse, mistreatment or neglect from another family member, or from someone they have an intimate relationship. We understand that family violence can happen to anyone - regardless of gender, age, economic status, or cultural background.
What Is Occupational Rent in Family Law in BC?
Occupational rent is a concept used in family law when one spouse remains in the family home after separation, effectively excluding the other from using it. It’s essentially compensation paid by the occupying spouse to the non-occupying spouse for having exclusive use of the shared property.
In British Columbia, courts may order occupational rent as part of a broader division of family property. However, this isn’t an automatic entitlement. Instead, it’s an equitable remedy, meaning the courts use it to achieve a fair and just result based on the specific circumstances of the case.
What is Exclusive Occupancy in Family Law in BC?
In British Columbia, an exclusive occupancy order refers to a court order that grants one spouse the right to live in the family residence, to the exclusion of the other spouse. This is also known as a sole occupancy order. This type of order is governed by s.90(2)(a) of the Family Law Act.
This blog discusses the test for making an exclusive occupancy order as well as the factors that the court would consider when making this order.
How to Prepare for a Section 211 Report in BC Family Law?
A Section 211 report is a report prepared pursuant to Section 211 of the Family Law Act in British Columbia. A Section 211 report is an assessment that provides information about the child’s needs, their views, and each parent’s ability to meet those needs. These reports are most often used in high-conflict parenting disputes when parents cannot agree on issues such as guardianship, parental responsibilities, and parenting time.
This blog provides a breakdown of how to both prepare the report and prepare for the report.
Protecting Your Rights in Real Property and the Family Residence: Certificates of Pending Litigation
Dividing property in a family law proceeding is complex. In particular, the family residence and other real property can be a source of conflict during the breakdown of a relationship. Registering a certificate of pending litigation (CPL) is one way that a spouse can protect their interest in real property during the course of their family law proceeding.
If a family proceeding is not underway, but a spouse still needs to protect their interest in the family residence, they may consider registering a spousal lien.
Having Trouble Finding Information on Your Family Home? How to Access and Read a Title
Are you unsure if you are listed as a legal owner on your family home? Do you know if your home has multiple mortgages? Are there any other charges, liens or interests registered on the property? You can conduct a title search and obtain the title to your home to answer these questions.
A title search can be helpful if you are unsure who legally owns your family residence or if you are contemplating registering a spousal lienor a certificate of pending litigation (CPL) in the event of relationship breakdown. For more information, see our article on CPLs here.
This article is a step-by-step guide on how to conduct a title search and read your property’s title.
How Do You File a Notice of Family Claim? Our Step-By-Step Guide
A Notice of Family Claim is an originating pleading or document filed with the Supreme Court to start a court action or lawsuit against a former spouse. This document provides details about the relationship, the separation, the children, the property and debt to be provided, or not divided. You may also file a Notice of Family Claim for undefended or uncontested divorce applications. Here is a step-by-step guide on how to complete this document.
What is the Cost of Raising a Child in Vancouver? Our Tips to Prepare your Monthly Expenses on Your Financial Statement
Raising a child is expensive, but especially so in Vancouver, which along with Toronto, has the highest cost of living in Canada. Even so, many parents are not tracking their monthly spending. In the event of separation or divorce, each parent will have to detail their monthly expenses in their F8 Financial Statement. This could be the first time you really think about what you spend on yourself and your child in terms of an itemized, monthly budget.
While every parent and household has their own budget and unique priorities, this article is meant as a guide to assist single parents of young children detail their monthly expenses. It will also consider the set-up costs for newly single parents of infants and toddlers who find themselves setting up a new household.
Relocation: Applying to Relocate and Objecting to Relocation
Planning to move to another province after separation from your child’s other parent? Whether it is for a new job, to be closer to family, or for a fresh start, it is important to assess how the move might affect your children and their relationship with their other parent, especially if there is a parenting or child support order in place.
While adults in Canada are generally free to relocate, moving with children involves additional legal considerations. Even in the absence of a previous court order in relation to the child, the court will still consider the reasons for the move and whether it is in the best interests of the child, not whether the parent would relocate without the child.
Where a court order grants the other parent access or parenting time, relocation may require either their consent or permission from the court. In all relocation cases, the primary focus and concern is the best interests of the child, not just the preferences of the relocating parent.
This blog post provides an overview of relocating with children, including the proper requirements for relocation and how to object to a relocation. Before making any big decisions, it is a good idea to consult a lawyer to have a good understanding of your legal obligations.
Celebrating Abby Pang’s Recognition in Best Lawyers: Ones to Watch in Canada™ 2026 Edition | Family Law
We are proud to share that Abby Pang, our founder and principal lawyer at Illuma Family Law, has been recognized in the 2026 edition of Best Lawyers: Ones to Watch in Canada™ for her work in Family Law.
This recognition is a significant professional milestone — and one we’re excited to celebrate as a team and community.
Do Donors and Surrogate Parents Have Child Support Obligations?
Fertility law and assisted reproduction is a fascinating area for family law practitioners. The Assisted Human Reproduction Act, S.C. 2004, c.2 is the legislation that regulates assisted reproductive technologies including surrogacy.
In BC, the Family Law Act, S.B.C. 2011, c.25 regulates situations in which families use assisted reproductive technologies, to determine parentage of a child. The need for this legislation arose due to social trends including legalization of same-sex marriage, increase in single parenting, and the recognition that biology, is not a prerequisite to establishing legal parentage. The following are the relevant sections of our Act.
Navigating High Net Worth Separations in BC
Separations and divorces are rarely simple, especially when it involves a high net worth family with complex financial issues. When one or both parties have significant assets or financial complexity, the stakes rise considerably. In BC, high net worth separations are governed by the same laws as other family law matters under the Family Law Act, but the process can be far more intricate due to the nature of the assets and relationships involved.