Wills and Estates
Ask a Lawyer – “I was named as the executor for an estate. What does this entail?”
Following the passing, an executor named in the will, who accepts the task, should consider fulfilling some “preliminary” tasks such as making funeral and burial arrangements, redirecting mail, and publishing an obituary. Once the preliminary responsibilities have been completed, an Executor should begin distributing the items as outlined in the will. The Executor would need…
Read MoreAsk A Lawyer – “When a person dies, who gets to choose the manner of burial and funeral arrangements?”
A death of a loved one is stressful enough. Worse still if the living cannot agree on what to do with the body. Given the cultural significance of funeral and mourning rites, it is possible for funeral arrangements to become a source of contention. Should the body be buried, or cremated? If buried, where should…
Read MoreAsk a Lawyer – “What is a mutual will and why would I want one?”
It is common for spouses to make “mirror” wills, leaving their property to each other, with the provision that the property will go to agreed-upon beneficiaries (such as the children) after both pass away. However, nothing legally prevents one of the spouses from secretly changing their will – before or after the other spouse’s death…
Read MoreAsk a Lawyer – I have two children, and in my Last Will and Testament, I would like to leave one of them my home and one of them my cottage. They are both about the same value. Will this be fair?
Answer – Under current Canadian law, in most instances, your primary residence will transfer from your estate tax free while your cottage will be taxable. A cottage, or any other second piece of real estate will be subject to a capital gains tax. The tax amount would be calculated on fifty percent (50%) of the…
Read More“Ask A Lawyer” – Effect of Marriage and Divorce on Wills
Those who have married or divorced may want to consider making a new Will. Unless specifically contemplated in the Will, a previously made Will is automatically revoked upon marriage. The rationale behind this is that a deceased person is expected to provide for his or her spouse and issue, and the effect is that if…
Read More“Ask A Lawyer” – Power of Attorney
Q. My mother is 85 and quite sharp for her age. My siblings and I have tried to discuss with her the wisdom of having a Power of Attorney. She does not wish to talk about this and we are concerned that she may eventually need one. What happens if a Power of Attorney is…
Read MoreWill “Kits”
We are often asked if will “kits” (or the boxed wills that you can purchase from a stationary store) are valid and the answer is yes provided they are completed in the manner required by the <em>Wills Act</em>, RSNB 1973, c. W-9. The difficulty is that most people have no idea what the law requires…
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