Understanding a Handwritten Will in Manitoba A handwritten will in Manitoba can be legally valid. These are known as holographic wills, and unlike “traditional” wills they do not require witnesses or formal drafting. At first, this seems convenient. You can write your wishes down, sign the document, and assume everything is settled. However, that assumption often creates problems later. In … Read More
Estate Planning for Minor Children in Manitoba: What Every Parent Should Know
In Manitoba, estate planning is essential for parents who want to protect their children’s future. If something unexpected happens, a proper power of attorney, will, trust and guardianship plan ensures that children’s needs are met if parents become incapacitated, that children are cared for by the right people if parents have passed away and that any inheritances for children are … Read More
Can a Court Remove an Executor for Estate Mismanagement?
Yes. A court can remove an executor who fails to meet legal obligations. Courts usually respect the appointment of an executor named in a will, but they intervene when an executor’s actions or inaction harm the estate or the people entitled to inherit. The court’s authority exists to protect beneficiaries and ensure proper estate administration. Executor Duties Explained An executor … Read More
Why use a Henson Trust in your Will?
Krista Clendenning J.D., T.E.P. There are typically two key benefits to including a “Henson Trust” in your Will. But first, what is a Henson Trust? It gets its name from the Ontario case in which a father set up a trust for his daughter with an intellectual disability, Audrey Henson, under his Will. His Will directed that $82,000 from his … Read More
Memory as the “Grand Criterion” for Capacity
A decision has just been released by the courts in Alberta confirming what wills and estate lawyers have always known but rarely say out loud: powers of memory are absolutely essential before a will-maker can be said to have testamentary capacity. Re Arena Estate, 2020 CarswellAlta 628, 2020 ABQB 206 (Alta. Q.B.) was just released. The court stated at para. … Read More