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Why Make a Will?

By: Bryan J. Peters & Cassandra Bueckert 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 loved ones and… Read More »

Who has the Right and Responsibility to Make the Funeral Arrangements?

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 arrangements or on the method of disposing of the body.… Read More »

Transferring Firearms from Estates

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 the deceased had, while the estate is being settled. The… Read More »

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 »

 
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