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Estate Planning and Probate Fees
November 10th, 2016 by Grant M. Driedger
Many people want to avoid “estate taxes”, or probate fees. Sometimes, this will be attempted by putting bank accounts or real estate into joint names, where a right of survivorship causes the asset to vest entirely in the name of the survivor (often a child) on the death of the owner of the asset. Usually this is a bad idea, with nasty unintended consequences. Doing… Read More »
Testamentary Freedom
October 14th, 2016 by Mathieu Lafreniere
As lawyers, we love to plan ahead and we constantly advise our clients to do so as well. This is why we like contracts, when something is decided before a conflict arises; the ability to react to that conflict is much easier. One of the key planning documents that we love is the will. This document allows you, as the testator, to direct where your… Read More »
What should you do once you are named an Executor?
September 30th, 2016 by Mathieu Lafreniere
A loved one has passed away and you have been named the Executor. This is an important responsibility but one that will carry stress. Knowing where to start and actually doing so can be confusing. As the executor, your first duty is to locate the deceased’s will. This will not only be the document that gives you authority to act, it will give you a… Read More »
INTESTACY INVOLVING STEP-CHILDREN
January 4th, 2016 by Grant M. Driedger
As lawyers we live by Murphy’s Law, which says that “anything that can go wrong, will go wrong”. That mentality leads us to try to find and minimize potential risks for our clients. A recent decision from the Alberta Court of Appeal, Peters v. Peters Estate, articulated another possible risk of not having a will. In 2013, Mrs. Peters passed away without a will. She… Read More »
WHAT HAPPENS WHEN AN RESP SUBSCRIBER DIES?
December 15th, 2015 by Gemma Brown
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 are not a trust, but rather a contractual arrangement. On… Read More »
Health Care Directives
September 16th, 2015 by Robert Smith
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 day to day affairs during the lifetime of the donor… Read More »
