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.…

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 resident of Manitoba, or even…

Individuals who left the work force, or had low earnings because they were caring for a child under the age of seven may be able to qualify for benefits or increase their Canada Pension Plan Benefits. To qualify the individual must have either not worked or had low earnings while being the primary caregiver of…

Anyone who holds assets for the benefit of someone else is in a position of trust. These individual 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 acting under a Power of…

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…

With our rising education costs, Registered Education Savings Plans (“RESP’s”) are becoming a popular way to save for a child or grandchild’s education. What happens however when the RESP subscriber, being the person who set up the RESP, dies? Many think that RESP’s are treated the same as RRSP’s, but that is not true. They…

Elsewhere, this website has featured articles on Wills and Powers of Attorney. A Will is a written document which sets out the method of distribution of the assets of the deceased. A Power of Attorney is a written document wherein the individual, called the donor, appoints an attorney or attorneys to carry on the donor’s…