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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

Following a death, an executor’s responsibilities and list of tasks can be lengthy. While it may take a while to get everything in order, one important task to take care of early is dealing with the deceased’s mail. Taking care of this task early on will ensure that all bills... Read More

A testator (the person who creates the Will) has the right to show their Will to anyone they wish while they are alive but they have no obligation to do so. They may, however, want to provide a copy of the Will to the executor(s) of the Will or provide... Read More

An executor is a person named within a Last Will & Testament who will carry out directions and requests according to the provisions in the Will. If an individual dies without a Will, they are said to have died intestate. In this case, an administrator must be appointed by the... Read More

In our real property system landowners can, for the most part, absolutely rely on what the Certificate of Title says as a full and complete answer regarding rights to any particular piece of real property. Section 59 of Manitoba’s The Real Property Act says that very explicitly. It reads: Conclusive... Read More

Did you know….your Legal Fees might be deductions on your Income Tax Return We are all familiar with the process of filing income tax returns. Every year, we gather our T3’s, T4’s and T5’s, visit our accountant and they file our income tax return to the Canada Revenue Agency. What... Read More

Effective June 13, 2019, each private corporation incorporated under the Canada Business Corporations Act (CBCA) was required to prepare a register of “individuals with significant control” (ISC) over such corporation.  The purpose of these changes is to identify the actual individuals behind business activities being seen as an important and key component... Read More

If you are a part of a family run business, there are two things you should know about the Employment Insurance premiums you’ve been paying for years: 1) If a family member is laid off EI may not honour their application for benefits; and 2) you might be able to... Read More

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

It is fairly common knowledge that businesses are required to keep their accounting records for seven years. However, many people are not aware that they should be keeping certain records, like their general ledgers, forever in some cases. Take for instance, the family farm which has been operated for thirty... Read More