Written by Robin Aitken, TEP, Partner in Charlottetown In 2025, Prince Edward Island introduced a sweeping modernization of its trust legislation through Bill No. 5 –Trustee Act, replacing the longstanding Trustee Act (Chapter T-8). This new Act represents a significant expansion of legislated trust law, enhancing fiduciary standards, expanding trustee powers, and providing further protections for beneficiaries. […]
Introduction Until recently, New Brunswick law required that individuals meet in the physical presence of witnesses – and in certain cases, lawyers – to execute a valid Will or Enduring Power of Attorney. On December 18, 2020, in response to the COVID-19 pandemic, which made in-person meetings more difficult and less safe, the New Brunswick […]
The Estates & Trusts team at Cox & Palmer is here to help you prepare your will. These are important steps to take now for peace of mind later.
Introduction Powers of attorney are documents in which an individual (called a “grantor”) can appoint another individual or individuals (called an “attorney”) to make decisions on their behalf during their lifetime. Powers of attorney can be drafted to deal with decisions with respect to property matters and/or decisions with respect to personal care (i.e. health […]
Security for costs is a remedy available to parties defending a claim where, if they were successful in defending the claim, they would fact undue difficulty in collecting a costs award made against the unsuccessful claimant.
Using a trust to provide for a special needs family member provides a way of maintaining control of assets in the hands of responsible persons, for the benefit of a family member who is living with a disability.
In Newfoundland and Labrador, fees commonly referred to as “probate fees” are payable to the Crown by the estate of a deceased person “in return for a grant of letters of probate or administration” pursuant to the Services Charges Act1. The probate fee payable is calculated pursuant to subsection 4(3) of the Act, which was amended on […]