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Wills, Trusts & Estates

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Wednesday, December 18, 2019 @ 8:43 AM

Death, consent and human reproductive material sperm_frozen_sm

In the recent case of L.T. v. The Estate of D.T. 2019 BCSC 2130, the Supreme Court of British Columbia ruled that a woman (Mrs. T) could not remove and store the sperm of her husband (Mr. T), who died suddenly and without a will, in order to create an embryo for reproductive use. The court considered novel arguments with respect to statutory interpretation and consent, as well as the critical need for clear and explicit planning with respect to genetic material. ... [read more]

Monday, December 16, 2019 @ 8:45 AM

Digital asset deep dive: How e-mail affects client’s estate digital_lightbulb_sm

From an estate planning and estate administration perspective, a client’s e-mail is a digital asset and is part of their estate and estate plan. ... [read more]

Friday, December 13, 2019 @ 11:40 AM

Agency seeks input on Manitoba’s lack of laws on unclaimed property

The Manitoba Law Reform Commission is seeking feedback on whether the province should adopt legislation to deal with unclaimed bonds, securities, insurance and other forms of intangible personal property left abandoned, forgotten or intestate. ... [read more]

Thursday, December 12, 2019 @ 2:20 PM

SCC rules property purchased by trust included in Quebec’s family patrimony Malcolm Rowe sm

The Supreme Court of Canada has ruled 5-2 that a home purchased by trust should be included in the family patrimony under the Civil Code of Quebec (CCQ), which means the property will be equally divided upon dissolution of the marriage. The issue unique to Quebec was brought before the Supreme Court in Yared v. Karam 2019 SCC 62, in a decision released Dec. 12. ... [read more]

Thursday, December 12, 2019 @ 1:44 PM

Ontario amending death registration regulations

The Ontario government announced on Dec. 11 that it is amending the death registration process to ease the burden for families when faced with registering the death of a loved one in the absence of their remains. The regulatory amendment was announced earlier this week when Attorney General Doug Downey introduced the Smarter and Stronger Justice Act. ... [read more]

Wednesday, December 11, 2019 @ 2:17 PM

Dying in Canada when owning a U.S. individual retirement account U.S. dollar nest eggs

A large number of Canadians who used to work in the United States retire owning a U.S. individual retirement account (IRA). But what if they pass away with an IRA? ... [read more]

Tuesday, December 10, 2019 @ 11:57 AM

Downey stresses modernization in unveiling reforms to legal aid, law society legislation Doug Downey sm

Bill 161, the Smarter and Stronger Justice Act, introduced by Attorney General Doug Downey on Dec. 9, proposes amendments to over 20 Acts and, if passed, will impact the legal regulator, Legal Aid Ontario (LAO), class actions and how lawyers practise in different areas across the province. ... [read more]

Tuesday, December 10, 2019 @ 10:47 AM

Is typed note on home computer a will? typing_laptop_sm

“Get a will made out at some point.” These words were typed in a document found on the deceased’s home computer, followed by a brief description of how his assets were to be split among his siblings. In Hubschi Estate (Re) 2019 BCSC 2040, the British Columbia Supreme Court was asked whether this document could be “cured” and declared as the deceased’s will even if it did not meet the formal requirements under the Wills, Estate and Succession Act, SBC 2009, c 13 (WESA). ... [read more]

Monday, December 09, 2019 @ 11:40 AM

Charter on death: Religious conscience, legislation | Barry W. Bussey

Should the law accommodate religious conscience in the definition of death?  ... [read more]

Monday, December 09, 2019 @ 9:03 AM

Digital asset deep dive: Dangers of ignoring e-mail digital_lightbulb_sm

In today’s court of public opinion, amplified by social media, estate planners should expect clients and their beneficiaries to express their displeasure if not advised of the impact digital assets as simple as e-mail could have on estate planning. In the digital age, e-mail is the foundation of the new home office and gateway to your client’s information. Without preplanning, the fiduciary may end up dead-in-the-water without access to the critical information needed to find even physical assets, let alone maximizing the value of the client’s estate. ... [read more]