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 costly for small business owners…

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 obligation to act in their…

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 place will provide you, your…

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 deceased person disagree on funeral…

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 have the same rights that…

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). The proper term to describe…

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…

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…

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 or important correspondence sent to…

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…