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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 »

Rights to Viewing a Will

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 »

ELIMINATION OF PROBATE CHARGES

Effective November 6, 2020, The Law Fees and Probate Charges Act (Manitoba) was amended to become The Court Services Fees Act (Manitoba). By virtue of the amendments, any probate charges relating to applications for Probate or Administration were eliminated. That means there are no longer fees to be paid to the Court when submitting probate or administration documents. This will result in significant savings for… Read More »

WHAT ARE THE LEGAL DUTIES OF AN EXECUTOR OR ADMINISTRATOR?

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 »

 
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