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Wills, Trusts & Estates

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Monday, April 20, 2020 @ 9:01 AM

Technology and the courts: Now or never | Neil Wilson

The COVID-19 pandemic has ground justice to a halt together with the rest of society. The only way to keep going will be to finally embrace what the justice system has resisted for so long: the use of technology. As the saying goes “necessity is the mother of invention” — or, in our case, necessity may be the mother of finally applying long-available inventions to the trade of lawyering. ... [read more]

Friday, April 17, 2020 @ 1:50 PM

Welcoming e-advocacy: Advice on winning your first virtual appeal V&Wvideoconference

The world of advocacy is changing. With the advent of social distancing how we deliver legal services, and especially how we assist clients navigating the justice system in our courts, has changed abruptly and significantly. ... [read more]

Friday, April 17, 2020 @ 9:06 AM

Impact of COVID-19: Legal and business questions Man stopping impact of COVID-19

Recently Darren Coleman, a wealth management adviser, and Elena Hanson, an accountant, spoke about the impact of COVID-19 on taxes and the market on their podcast series Two Way Traffic, which focuses on cross-border financial issues. Here they answer questions for readers of The Lawyer’s Daily. ... [read more]

Thursday, April 16, 2020 @ 12:19 PM

Estate planning during a pandemic pandemic_wills_sm

Lawyers who practise in estate planning are no strangers to worst-case scenarios. After all, the estate planning process requires walking matter-of-factly through various morbid scenarios, arranging and rearranging the future deaths and incapacities of different individuals to ensure that all eventualities have been exhausted. But despite their comfort with visualizing catastrophes, wills and estates lawyers are now being challenged by a real-world crisis in the form of the COVID-19 pandemic, and the succession laws they work with daily are also being tested and changed. ... [read more]

Wednesday, April 15, 2020 @ 1:31 PM

Alberta Court of Queen’s Bench modifies execution and filing requirements due to COVID-19

The Alberta Court of Queen’s Bench has modified certain execution and filing requirements due to the challenges arising from the COVID-19 crisis. ... [read more]

Wednesday, April 15, 2020 @ 12:53 PM

Powers of attorney for mobile clients: International protection of adults suitcase_travel_sm

Because there is a lack of harmonization between many jurisdictions as to what effect a power of attorney prepared in one jurisdiction will have in another, in particular powers of attorney for personal care and advance health directives, more thought and planning is needed to deal with incapacity issues in our increasingly mobile society. ... [read more]

Wednesday, April 08, 2020 @ 11:39 AM

Lawyers must remain essential service as long as reasonably possible | Arthur Zeilikman

It would be a serious undertaking to tally all of the clichés and negative stereotypes that exist about lawyers and their seeming dispensability within society. Shakespeare’s oft-quoted line from Henry VI — "The first thing we do, let’s kill all the lawyers” — usually comes to mind as the most infamous and callous of such satirical jabs. Whatever the true intent behind the incitement, one thing is clear: the question of a lawyer’s utility always makes for a lively conversation.     ... [read more]

Wednesday, April 08, 2020 @ 9:47 AM

Quebec allowing notaries to sign documents remotely during pandemic but issues remain Isabelle Couturier

Under pressure to deliver legal services in spite of Quebec’s public health state of emergency, notaries in the province have been given the go-ahead by the Quebec Ministry of Justice to sign notarized documents remotely. Under an order-in-council on essential services issued by the Quebec government on March 23 and extended until May 4, notaries, lawyers and bailiffs are deemed to offer essential services, giving them the choice to remain open. ... [read more]

Tuesday, April 07, 2020 @ 1:12 PM

Exposed: What COVID-19 has taught us | Gary Joseph

The COVID-19 virus is a risk to all but specifically it targets and exposes the elderly and those with compromised immune systems. In the same way the pandemic has exposed our court system for what it is, an “elderly” system developed to service a 1970s population drowning in a media/web savvy 21st century. Our judicial and court leaders are struggling to make it work in an environment where failure is inevitable. The structure of our courts and the supports built around it are paper intensive and people intensive. They cannot adept quickly to the fast-changing environment. This is not a criticism of our judicial leaders but a sad refrain for those who long ignored the need to upgrade technology and facilities. ... [read more]

Tuesday, April 07, 2020 @ 8:58 AM

WILLS - Variation - Contestation of claims - Adequacy of bequests to dependants

Appeal by the deceased’s sister from trial judgment finding the deceased’s Will which gave his entire estate valued at $250,000 to his sister valid but determining that the two children were entitled to an order under the Dependants’ Relief Act that would eventually result in the entirety of the deceased’s property passing to them. ... [read more]