Statutory Trust
A statutory trust is one brought into existence by operation of a statute, i.e. a law by a legislature. In essence a statute designates defined property in defined situations as trust property and mandates that a certain person shall be a trustee for same. These may be in favour of the Crown (be it the […]
Putting “joint wills” in the past
You may have noticed from the Camberwell House Wills Questionnaire that we no longer offer joint wills. These are becoming increasingly rare simply because they aren’t a good idea in this day and age, even if they ever were. What is a “joint will”? A joint will is a will signed by two people, usually […]
Trends in Estate Law, a BC view
James Zaistoff and Owen Bird have written a very helpful article (“12 Trends in Estate Litigation for 2022”) where they list what they think are the “top trends and recurring themes” as we go into 2022. While it is a BC-centered article it is definitely worth reading because such laws and trends are remarkably similar […]
What is a “power of attorney”?
A Power of Attorney is a legal document in which you give someone you trust (called your “attorney”, but not meaning “lawyer”) the right to make decisions for you. The document can be for when you are perfectly healthy (for example, a Power of Attorney for Property authorizing your brother to handle the sale of […]
What is a “Power of Attorney for Personal Care”?
A “Power of Attorney for Personal Care” is a power of attorney that provides the person (the “attorney”) you designate with the authority to attend to personal matters such as housing, health care, medical treatment and even issues of life and death in the event that you are not capable of attending to those matters […]
What is a “Continuing Power of Attorney for Property”?
A “Continuing Power of Attorney for Property” is a power of attorney for property that provides the person you designate with the authority to attend to property and financial matters on your behalf in the event that you are not capable of attending to those matters personally, and extends to cover a situation where you […]
What is a “Non-Continuing Power of Attorney for Property”?
A “Non-Continuing Power of Attorney for Property” is a power of attorney that provides the person you designate with the authority to attend to financial matters on your behalf if you are not capable of attending to those matters personally, for a specific time, or during a specific occurrence (such as extended travel away from […]
What does “attorney” mean in Canada?
First and most importantly, “attorney” in Canada does not mean “lawyer”, as it does in the United States. In Canada it is most commonly used to mean “the donee of a power of attorney”. When you draft a power of attorney for property naming, for example, your sister to look after your business and bank […]
Gifting a corporation from a personal will
Brian N. Radnoff and Sahar Cadili of Dickinson Wright draw our attention to an interesting Ontario Court of Appeal case which changes how corporations and their assets can be transferred by a Will by their shareholder. The law in some other provinces (and, until Trezzi, arguably the law in Ontario) states that a sole shareholder […]
“10 Events Where You Should Re-Visit Your Estate Planning Documents”
Sarah Barker of Carbert Waite LLP gives us “10 Events Where You Should Re-Visit Your Estate Planning Documents” “You got married” “You got divorced or separated” “You entered or left an adult interdependent relationship” “You became a parent (or a step parent)” “A child has turned 18” “You’ve become a grandparent” “A loved one or […]
