I get a lot of questions about what rights common law spouses have, including from other bloggers. I was recently approached by Peaceful Transition to do another post for them, this time on what a common law spouse can expect on the death of their partner. You can...
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Estate Planning
Digital asset laws
I have written before about the difficulties with passing on and preserving (or taking down) digital assets. Gerry Beyer at the Wills, Trusts and Estates Prof Blog recently posted an article about a bill that passed in Virginia regarding digital assets. It has passed...
Can you be taxidermied?
Hugo Chavez, long-term president of Venezuela, died last week after a long battle with cancer. A few days ago, CBC News reported that his body will be embalmed and preserved to be permanently on display at the Museum of the Revolution in Caracas. Which leads to the...
Be exclusive
A survey released last year found that over half of Canadians do not have a signed will; nearly three-quarters do not have a signed power of attorney. Get into the exclusive minority – get your documents drafted and signed this year.
Stop being a waiter
I read a book once where the author described a meeting with new clients. The wife said that her husband was a waiter; when the lawyer looked confused, she explained that he was waiting to receive his inheritance from his parents, which he expected to be quite large....
Can you make your heirs believe?
You can leave your children or grandchildren any portion of your estate that you choose, but can you make them follow a certain religion in order to get it? The short answer is, generally, no. While the area is not black and white, in Canada, most courts have ruled...
What counts as a will?
There have been a number of unusual items counted as wills. Most notably in Canada, the fender of a tractor was once probated. Recently, in Sydney, Australia, a suicide note was considered to be a valid will. The note stated that all of his assets were to be left to...
Are you capable?
A lot of people leave will drafting until the very last minute; sometimes, we get calls from people panicked that their elderly mother or father needs to enter into long-term care and needs a power of attorney in a hurry. The question then becomes: are they capable?...
New year’s resolutions
Here are three things you can do to start your year off right: Check your beneficiary designations. Are your RSPs, TFSAs and life insurance still going where you want them to? Check your social media and email accounts. Do you know what will happen to them when you...
A little jargon
Last week, I was given the opportunity again to post on the Peaceful Transition blog. You can see my post, about estates terminology, here. Thanks again to Tara and Linda for the opportunity!