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

When writing up a Will or Power of Attorney one needs to be careful that the person(s) being appointed 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 make an order appointing a new trustee either in substitution for, or… Read More »

Mail Forwarding for Estate Administrators

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 the deceased will not be missed but rather, will be… Read More »

Wills & Estates for First Nations People – Part 2

Part 2: Estates Note: The word “Indian” is used in this document only to reference the language used in the Indian Act. The term Indigenous refers to individuals who self-identify as Métis, Inuit or First Nations (Status or non-Status). The proper term to describe someone who has historically been named an “Indian” is First Nations. This article is a continuation of the article entitled “Part… Read More »

Wills & Estates for First Nations People – Part 1

Part 1: Wills Note: The word “Indian” is used in this document only to reference the language used in the Indian Act. The term Indigenous refers to individuals who self-identify as Métis, Inuit or First Nations (Status or non-Status). The proper term to describe someone who has historically been named an “Indian” is First Nations. This article is Part 1 of 2 in a series… Read More »

What Powers of Attorney need to be Aware of in Dealing with a Donor’s Assets

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 »

Value of Creating a Will vs. Intestacy

If you die without a will, you are said to have died intestate and your estate will be distributed according to The Intestate Succession Act. Under this Act, your assets are distributed to your family in accordance with a specific and inflexible scheme of distribution. Distribution of Estate Notably, if you don’t have children or your children are with your current spouse/common-law partner, your assets… Read More »

 
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