The COVID-19 virus has changed the world as we have known it, and those changes have reached into the previously set in concrete laws dealing with Wills and Estates. Estates of anyone who died after January 1, 2022 may take advantage of an amendment to The Succession Law Reform Act. Specifically, section 21.1 which we […]
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Most of Canada’s major banks are now offering the First Home Savings Account (FHSA) as a way to help Canadians save up for one of the biggest purchases they’ll make in their lifetime, as homeownership is pushed further from reach amid high interest rates and prices. Announced by the federal government in its 2022 budget, […]
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We at Dale Streiman Law are often contacted asking for information with respect to preparation of Wills and Powers of Attorney prepared under the 1995 Substitute Decisions Act. Whether you are a young or an older person, preparing Powers of Attorney and Wills is a necessary requirement for estate that that all clients must complete.. […]
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This is a more detailed than normal blog article that canvasses the issues of attorney compensation, and reimbursement for the attorney’s legal and professional expenses/fees for preparing attorney accounts. Much of the credit goes to our associate DeAndra Moore. Appreciate that the word “Attorney” here is not another name for “Lawyer” but rather the title […]
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Elsewhere we have discussed Deeds of Gift. I direct our loyal readers to the blog titled “Start with no one gets anything for nothing…”. One of the main purposes of a deed of gift is rock solid proof that indeed a gift was intended, and also to take advantage of various provisions of the Family […]
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One of the underused statutes in the area of Estate Litigation and Probate is The Estates Act. This 52 paragraph Act lives in the shadow of its substantial brother The Succession Law Reform Act. However, it contains many useful tools to those involved in a fight over probate and the validity of a Will. One […]
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Substantial Compliance – Fixing a Defective Will After Death Part 3 In the first 2 parts of this commentary on the Meyer case ( Part 1 and Part 2 ) which primarily discusses a surrogate signing a will, we saw how a “Probate” application failed. However when one looks at the case from a present day […]
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A Promise to Make a Gift Part 2 In Part 1 of this blog we looked at the Meyer case and examined getting someone else to sign the will on behalf of a disabled Testator. It was part of an application for “Probate” that failed. And what of the written promise to transfer the house […]
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Part 1 The Succession Law Reform Act, section 4 (1) (a) sets out one of the basic requirements of a valid Will, specifically “…a Will is not valid unless it is signed by the testator or by some other person in his or her presence and by his or her direction;”. Testator is the formal […]
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There are many areas of law that recommend independent legal advice. Independent legal advice or ILA is one of the few things in life that exactly describes itself! It is legal advice given, independent of formal representation. Most commonly, where a person is not formally represented by legal counsel it is recommended that they obtain […]
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