What is the Adult Guardianship and Trusteeship Act The Adult Guardianship and Trusteeship Act is referred to when an adult may not be able to make decisions on their own about personal matters. Guiding Principles Adult presumed to have capacity until determined otherwise Adult entitled to communicate by any means …
What is the effect of a Will that is not valid or only partially valid, or where there is no Will (intestacy)? Your Estate may be divided among people you would not otherwise name as beneficiaries in your Will. Wills and Succession Act s. 37 and 38 If there are …
In Alberta, a Grant of Probate is the Surrogate Court’s certification that the Will submitted by the Executor meets the formal requirements of a Will as set out in the Wills and Succession Act and is the last Will executed by the deceased. The Grant of Probate gives the Executor …
APOCALYPSE NOW REDUX: SAFEGUARDING ENFORCEABILITY OF DOMESTIC CONTRACTS AND EXERCISING PROFESSIONAL RISK MANAGEMENT Whether generated by the genuine good faith efforts of the parties or a subtle exploitation of leverage and ultimate capitulation, if nothing else, the Domestic Contract is the physical representation of the joint intention of the parties. …
When going through a divorce, small family businesses present a significant risk and challenge. Many married couples also happen to be joint-owners of small businesses. Running a business with a spouse can prove particularly beneficial since both owners tend to trust one another more than they would other business partners. …
The Canadian Bar Association has published a helpful checklist of money-saving tips that assists in dealing with any potential financial consequences of relationship breakdown. Recognizing that break-ups can be a difficult and emotionally turbulent time, the checklist works as a preliminary tool that: Describes how to prepare for the first …
The Canadian Bar Association has published the “Tax Matters Toolkit: Separation & Divorce” to assist separating parties understand potential tax consequences of relationship breakdown. The Toolkit notes that separation decisions, especially regarding children, property, or pensions, have tax implications and may affect parties’ future finances. To assist in becoming informed …
Without proper planning, retirement funds could be compromised by late divorce Divorce is becoming increasingly prevalent among Canadian seniors and with the rise of such ‘grey divorces’ come unique financial considerations. While younger divorcing couples may have concerns about issues such as child support, older couples are more likely to …
As innovative as the decision might seem, Kerr v. Baranow represents nothing more than a renovation and modernization of the law of unjust enrichment.1 The cause of action is relatively well-established, as is its analysis. The Supreme Court of Canada has merely tweaked or reinforced each step of the original …
If you are in a situation where you are separating from your spouse and they are not earning the income that you believe that they could be earning, you are not entitled to insist that they get a job or find alternative employment, but you may be able to impute …
