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Wills, Trusts & Estates

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Friday, August 18, 2017 @ 08:32 AM

The potential problem with joint power of attorney

The other day the son of a client phoned to say that they were having issues with the bank concerning an enduring power of attorney that I had prepared for his mother a number of years ago.  The son and two of his sisters were appointed jointly to act as the attorneys.  The issue at the bank was that they would not allow internet banking because all three of them could not be accessing the internet at once and the bank would have no way of knowing who was accessing the account. ... [read more]

Wednesday, August 16, 2017 @ 09:54 AM

UNINCORPORATED ASSOCIATIONS AND CLUBS - Membership - Withdrawal - Relations of members to one another - Ownership of assets

Appeal by the Polish Alliance of Canada (PAC) from an application judge’s decision that 100 per cent of the members of a PAC branch had voted to leave the PAC and that the “clubman’s veto” applied. The PAC was an umbrella organization that had as its object the promotion of the general cultural, education and social welfare interests of its members. ... [read more]

Wednesday, August 09, 2017 @ 09:11 AM

Navigating the tense waters of common law partner wills

In the past 10 years, the number of common law couples in Canada has grown at something like four times the rate of married couples. And while it’s not surprising to lawyers that common law relationships are not the same as marriage, it can still be surprising to “normal” people. ... [read more]

Tuesday, August 01, 2017 @ 08:37 AM

21st century estate practice: Shrunken heads and sperm

Hollywood’s vision of an estate solicitor sitting at their desk mulling fine points of tax law while sipping tea and drafting a will is so far from modern practice as to be laughable. One troubling issue for estate practitioners in the 21st century is the plethora of unique assets that have to be planned for, administered, and/or disposed of in a safe and permissible manner. An unscientific survey of our colleagues’ experiences yields some useful tips for dealing with unusual assets. ... [read more]

Friday, July 28, 2017 @ 07:15 AM

Jointly owned real property and bankrupt estates

Is jointly owned real property which otherwise would appear to pass to the surviving joint-owner by right of survivorship available to satisfy the debts of the deceased joint-owner should his or her estate later be found to be bankrupt or insolvent? ... [read more]

Tuesday, July 25, 2017 @ 08:24 AM

LIMITATION OF ACTIONS - Conflict between limitation periods - Which limitation period applies

Appeal by the estate of Father Crampton from the dismissal of its motion to have a cross-claim against it dismissed as statute-barred. ... [read more]

Thursday, July 20, 2017 @ 08:21 AM

LIMITATION OF ACTIONS - Conflict between limitation periods - Which limitation period applies

Appeal by the estate from a motion judge’s decision dismissing the estate’s action for damages for injuries. ... [read more]

Wednesday, July 19, 2017 @ 01:49 PM

Swabuck joins WEL Partners as associate

WEL Partners has announced that Alexander J. Swabuck is its newest associate. ... [read more]

Wednesday, July 19, 2017 @ 09:34 AM

Wills and estates bar needs to rethink its approach to marketing

For the last decade — and probably longer — the surveys have been saying the same thing: the number of Canadians who still don’t have a Will is not budging. ... [read more]

Monday, July 10, 2017 @ 07:36 AM

New Brunswick under pressure to develop stand-alone POA legislation

New Brunswick is the only province in Canada that does not have stand-alone power of attorney legislation in place. That reality is now causing controversy for the attorney general and increased concern within the legal community. ... [read more]