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What Powers of Attorney need to be Aware of in Dealing with a Donor’s Assets
August 23rd, 2021 by Alexandra Philippot
As a Power of Attorney (POA), 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 POA has a fiduciary duty to the donor (the individual who named you Power of Attorney) and an obligation to act in their best interests. Personal interests cannot conflict with this obligation.[1] Acting as an… Read More »
Rights to Viewing a Will
March 2nd, 2021 by SNJ
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 information to the executor(s) as to where the original Will is located. This aids the… Read More »
WHAT ARE THE LEGAL DUTIES OF AN EXECUTOR OR ADMINISTRATOR?
November 30th, 2020 by Gemma Brown
By Gemma Brown, and Alexandra Philippot (Student) 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 court to administer the estate. Certain requirements must… Read More »
Prescriptive Easements and Indefeasibility of Title
October 29th, 2020 by Grant M. Driedger
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 evidence — title paramount (indefeasible) 59(1) Every certificate of title or registered instrument, as long… Read More »
Legal Fees as Deductions on Income Tax Return
September 8th, 2020 by Gemma Brown
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 you might not know is that some of the legal fees you pay to your… Read More »
New Register Requirements of “Individuals with Significant Control”
April 20th, 2020 by Gemma Brown
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 of Canada’s anti-money laundering and anti-terrorist financing regime. Manitoba has harmonized its legislation with changes… Read More »
