Social Media, Digital Assets and Estate Planning
In this day and age, preparing a will is not as simple as it used to be. In the past, a list of bank accounts, real estate assets (for those of you lucky to have a house, and even a cottage!), and investment holdings was all you really needed to worry about with respect to […]
The Relevance of Capacity to a Will
When you choose to prepare estate planning documents such as a will and powers of attorney for property and personal care, it is a pre-condition for signing those documents that you have the capacity to sign them. “Capacity” means the ability to fully understand what you are signing and the effect of what you are […]
What’s in a Name?
Deciding on a name for your business can be a fun, creative experience, but the process can be challenging at the same time. Why is that so? The law provides that you cannot use a name which is confusing with that of another business. The word confusing here meaning that a person looking for services […]
Global Connections and their Impact on Estate Planning
As our world becomes increasingly connected – legally, financially, physically and technologically – we as lawyers, in providing advice to you on estate planning, need to be constantly vigilant as to international issues which will affect your decision-making. If, for example, you own vacation property in another country, we will have to explore whether or […]
What is Creditor-Proofing?
Being an entrepreneur means, inherently, being an optimist – starting a business means it will be successful, right? Well, maybe. Lawyers are taught to be pessimists so that we can help protect you in a ‘worse-case’ situation. Sadly, that means we assume, when we meet with you, that your business will fail – not because […]
Estate Planning for Entrepreneurs
There are many important issues involved in having a good estate plan in place, and those issues become more complicated if there is a business involved. As important as it is to have a proper will and power of attorney signed, it is also important to ensure that your affairs are set up so that, […]
“Mutual Wills vs. Reciprocal Wills” When is a will more than a will?
There is much ado these days concerning disappointed children suing a step-parent who has inherited the estate of the children’s parent, leaving the children ‘high and dry’. Can such a law suit succeed? Well, as a lawyer will usually tell a client “It depends”. A will can be set aside based on the maker of […]
When is a Will not a Will?
There is a massive transfer of wealth currently happening in the province, and across the country, from the baby boomer generation to their children and grandchildren. And everyone has a hand out wanting a piece of that pie. As a result, there have been a significant number of law suits generated challenging the validity or […]
How will the “right to die” impact the Power of Attorney?
The recent Supreme Court of Canada decision on the ‘right to die’ issue, known as “Carter v. Canada”, found the provisions of the Criminal code dealing with assisted suicide to be invalid, as being contrary to the Canadian Charter of Rights. Although the Court struck out that Criminal code section, the Court did not impose […]
