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What Exactly Is An Executor/Executrix?

executor Feb 06, 2019

An Executor* is the person appointed by the testator (the person that created a Will) to carry out the provisions in the Will and see to the settling of the estate. Asking someone to be your Executor is not an easy task. This person will become responsible for nearly 150 duties after your death, including:

  • Checking for insurance on the deceased’s life and property
  • Securing the list of...
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How to Write a Basic Eulogy

demise Jan 30, 2019

Our office was contacted by a 32-year-old client who was attempting to deal with her father's estate. She had found the process quite complicated and confusing, especially given that she had never attended a funeral before.

Our client was overwhelmed, and the thought of writing her fathers eulogy was more then she could handle. Our office walked her through our executor's handbook, a document...

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Flying With Cremated Remains

demise Jan 23, 2019

Our office once dealt with an estate where the dying mothers wish was to be cremated and her remains returned to Prince Edward Island. After her death, her three grieving sons booked a flight out estate to spread their mother's ashes on red beaches of PEI. They had mom cremated and thought that taking her in their carry on bag would be the best way to transport her. Imagine their...

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What is an executor's duty of care?

executor Jan 16, 2019

When acting as the Personal Representative of an estate, your conduct must meet a certain standard. In legal terms, you have a duty of care in how you handle things and you owe this duty to all persons interested in the estate. If you do not meet the standard, you will be held personally liable for the losses that occur.

We suggest treating the property as if it were your own. You must act...

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What are some of the key benefits to creating a trust?

estate planning trusts Jan 09, 2019

A Trust allows you to control your assets from beyond the grave. You can clearly outline who gets your assets, when they get them and under what regulations or situations they’re able to use them. It provides a means for you to spread your assets out and spread the tax liabilities. It also allows your assets to flow to people outside of your estate. If you create a Trust today for...

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Holograph Wills

wills Jan 02, 2019

If your parent has written down their wishes and it is entirely in their own writing, we will treat it as a holograph Will.

A holograph Will is a Will that is in the testators writing with no other written words on the document.

One of the most famous holograph Wills is actually found at the University of Saskatchewan. In that Will, a farmer was out farming, cut off his arm and bled...

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Three Factors to Consider When Naming an Executor

estate planning executor Dec 26, 2018

1.     Pick someone who lives in the Province of Alberta:

When you are looking at picking an Executor for your estate, you want to make sure you pick somebody who lives in the province of Alberta. If you pick someone from outside of the province, we may have to post bond which can be time consuming and costly. Additionally, if you have an Executor who is a United States citizen,...

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The Dangers of (and Alternatives to) Joint Tenancy

real estate Dec 19, 2018

In my practice, I am frequently consulted by seniors who are considering putting their home or cottage into “joint names” with their children. This way they can avoid Estate costs and taxes. While that is true, there are a few factors and legal consequences that people should be aware of before they place their land into joint names with a person other than their spouse. For...

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Does every Will have to be probated?

probate Dec 12, 2018

No, not every Will has to be probated. For instance, assets that are held jointly with a right of survivorship would pass outside the Will. As another example, a home held jointly between a husband and wife would pass to the survivor of them upon the death of one of them. Probate is not needed to transfer title to the home and for this reason, probate does not typically occur on the death of a...

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Advancing Money to Children

Sometimes our children or close family members run into a financial bind and need to borrow money. In many cases both the lender and the borrower assume that this money will be paid back quickly. What happens if the lender, who is frequently an elderly parent, dies before the loan is repaid? In my experience this is when the family feud begins, as the borrower will say this money was a gift to...

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