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

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

Helping a Will-Maker Keep Secrets from Spouse Profitt v. Birt and Birt & McNeill Barristers and Solicitors, 2021 CarswellPEI 78, 2021 PESC 48 (P.E.I. S.C.) is an example of a lawyer successfully defending herself in a negligence action. The wife in this case took her dying husband to a lawyer, intending to get things set up the way she wanted.  … Read More

Virtual Meetings with Wills Lawyers Lawyers are regularly interviewing clients on Zoom and other web-based platforms. Beyond interviewing and taking instructions from clients, changes to Manitoba law have enabled wills lawyers to witness wills and other estate planning documents virtually. This option was not available pre-pandemic. With videoconferencing becoming more and more common, lawyers need to consider the additional challenges … Read More

Helpful Ways to Ease Your Executor’s Burden Comparatively speaking, we in North America don’t deal with the concept of death all that well. We don’t like to think about it, much less talk about it with those we are closest to. So, when will-makers have the opportunity to set out a roadmap for their Executors to follow, unfortunately they often … Read More

 Holographic Wills – The penny wise, pound foolish approach to estate planning.                 As a Wills and Estates lawyer, I’m often asked to give presentations on Wills and other estate planning documents. I’m always pleased at the opportunity, because it allows me to share crucial information, dispel myths, and answer common but imperative questions about Wills in general. I always … Read More

A Henson trust has been a long-time staple in estate planning in Manitoba. It allows for a fund to be established by a family member containing any sum of money, whether large or small, in a trust which will not be held against the beneficiary in terms of social assistance eligibility. The trustee of the trust can make outlays of … Read More