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Wills, Trusts & Estates

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Wednesday, April 24, 2019 @ 9:46 AM

Looming IRS change could impact doing business in U.S. irs_tax_sm

On March 27, the Internal Revenue Service announced that only individuals with tax identification numbers may request an Employer Identification Number (EIN) as the “responsible party” on the application. This begins May 13. Until now, there has been no such requirement. The IRS says this change is part of its ongoing security review. ... [read more]

Tuesday, April 23, 2019 @ 9:37 AM

POWER OF ATTORNEY - Capacity - Determining incapacity of grantor

Appeal by the son from a decision that found the 2010 enduring power of attorney granted by his 85-year-old mother to the daughter remained in full force and effect and that the mother lacked capacity to revoke the power of attorney or to grant a power of attorney to the son. ... [read more]

Thursday, April 18, 2019 @ 10:30 AM

Robust social media policy vital for charities, not-for-profits donate_online_sm

With the development of new platforms and applications continuously redefining what social media is and how it is used by charities and not-for-profits (NFPs), there are corresponding challenges in applying existing legal frameworks of privacy law, intellectual property (IP) law, tort law, contract law and charity law, among others. ... [read more]

Tuesday, April 16, 2019 @ 11:18 AM

Supporting a child with disability: Family law considerations lightinkidshead.jpg

It is trite that supporting a child with a disability is costly for families. Lawyers should engage the appropriate estate, tax and financial planning professionals to ensure their clients receive comprehensive advice or information when negotiating child support issues arising from the breakdown of their relationship. ... [read more]

Monday, April 15, 2019 @ 12:33 PM

Looming Nova Scotia organ donor law raises concerns of donors by default system Cara Zwibel

The Canadian Civil Liberties Association (CCLA) is taking a cautious, wait-and-see approach to Nova Scotia’s impending laws around presumed consent for organ donation, saying the suitability of such legislation hinges on public awareness and the ease of opting out. ... [read more]

Monday, April 15, 2019 @ 8:53 AM

Federal budget allows donations to Canadian journalism canadian_journalism_sm

On March 19, the federal government tabled its 2019 budget. The budget includes a number of important tax incentives and amendments that impact the charitable and not-for-profit sector. Of those changes, the most important include the addition of registered journalism organizations (RJOs) as qualified donees, as well as legislative amendments to ensure that certain tax incentives continue to be available for eligible donations of cultural property. ... [read more]

Tuesday, April 09, 2019 @ 12:42 PM

Family feud: Gifts as an estate planning tool gift_will_sm

Gifts are given as a token of affection and care to a loved one and are viewed as an attractive estate planning tool. According to Black’s Law Dictionary (7th ed.), a “gift” is a voluntary and gratuitous transfer of property without seeking any direct or indirect benefits in consideration for the transfer. It is legally effective only when the donor of the gift had a donative intention, the gift was delivered to the donee and accepted by him/her. ... [read more]

Monday, April 08, 2019 @ 10:58 AM

WILLS - Construction and interpretation

Appeal by Rydland from a decision of a chambers judge declaring a pour-over clause in her late father’s will that granted the residue of his estate to an inter vivos family trust invalid. ... [read more]

Wednesday, April 03, 2019 @ 1:02 PM

Make more legal supports available for involuntarily detained, B.C. bar association urges CBABC president Margaret Mereigh

The B.C. bar association is calling for the provincial government to make changes to the Mental Health Act (MHA) to better protect legal rights for those who find themselves involuntarily detained under the Act. ... [read more]

Monday, April 01, 2019 @ 9:06 AM

When the creditor of an estate is the trustee past_due_sm

You would argue that you are a creditor of the estate if the estate owes you money. Can you then act as executor or estate trustee of the estate if you are a creditor? ... [read more]