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Bankruptcy Matters in Estate Planning

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 someone is, or may be…

Can Someone Who is Tied up in Bankruptcy be Appointed as an Executor or Power of Attorney?

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 9(1) that: The court may…

Family Businesses and Employment Insurance

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 claim back thousands of dollars…

Intestacy Involving Step-Children

As lawyers we try to find and minimize potential risks for our clients. A common risk relates to unanticipated impacts on estates where people die without a will. Situations involving blended families and second marriages are particularly ripe for disputes and unintended consequences. A decision from the Alberta Court of Appeal, titled Peters v. Peters…