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Do geographical boundaries matter when appointing someone as a power of attorney or executor?  While there is no absolute prohibition on appointing non-residents, it may be wise to choose someone close to home. Power of Attorney An attorney appointed under a Power of Attorney does not need to be a... Read More

Anyone who holds assets for the benefit of someone else is in a position of trust. These individuals controlling the assets are called “Trustees”, and the people entitled to the benefits of those assets are called “beneficiaries”. There are different types of Trustees: executors, administrators for an estate and attorneys... Read More

Bill C-208, which was introduced by Larry Maguire, MP from Brandon-Souris, makes amendments to the Income Tax Act by aiming to lessen the tax burden on intergenerational transfers of small businesses, family farms or fishing corporations. This bill addresses a gap in the Income Tax Act that made it more... Read More

As an attorney appointed under a Power of Attorney (POA) document, you have been appointed to manage an individual’s legal and financial affairs. This is an extremely important responsibility, which requires the utmost care. The attorney has a fiduciary duty to the donor (the individual who named you) and an... Read More

Most people know that making a Will is important, but oddly enough, only about half of all Canadians (55%) have a Will and even less (40%) have a Power of Attorney.[1] While Estate Planning rarely makes it to the top of one’s priority list, having a proper estate plan in... Read More

After a person has passed away, who has the right and responsibility to arrange for the funeral and the disposition of the deceased person’s body?  This question may arise when a person considers making advance funeral instructions.  This question may also come up where the family or friends of a... Read More

Canada has extensive regulations regarding the use and ownership of firearms. In situations where an owner of firearms passes away this can create tricky issues for the estate to navigate. Role of the Estate’s Personal Representative When an executor or administrator deals with an estate that has a firearm, they... Read More

Note: The word “Indian” is used in this document only to reference the language used in the Indian Act and it is acknowledged that this is not the appropriate term to be used. The term Indigenous refers to individuals who self-identify as Métis, Inuit or First Nations (Status or non-Status).... Read More

When making a Will or Power of Attorney one has to pay careful attention to ensure that the executor or attorney to be appointed can get the job done.  Skills, reliability and trustworthiness are primary criteria in every case. In some instances, consideration should be given if a potential candidate... Read More

When drafting a Will or Power of Attorney one needs to be careful that the person(s) being appointed as personal representatives are trustworthy and capable. There are also potential legal limitations if a person appointed has declared bankruptcy. Appointment of an Undischarged Bankrupt as Executor: The Trustee Act states, at section... Read More