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December 14, 2023

Eligibility to Receive Medical Assistance in Dying

On March 17, 2021, several amendments to the Criminal Code modified the eligibility requirements for access to medical assistance in dying (“MAID”), building on the assisted dying framework first implemented in the Criminal Code in 2016. While the topic has its basis in criminal law, the implications of MAID are relevant to estate planning and […]

New Rights for Fiduciaries Makes it Easier to Plan for...

New Brunswick’s new Fiduciaries Access to Digital Assets Act received Royal Assent on December 16, 2022. The new Act is the first of its kind in New Brunswick and makes the Province one of the few Canadian jurisdictions to have such a piece of legislation. The purpose of the Act is to provide a framework […]

ChatJD, the Promises and Problems of AI in Law

Artificial Intelligence has stolen the spotlight of 2023. In particular, ChatGPT has become the fastest-growing application in history, reaching the milestone of 100 million users in its first few months of public availability. While numbers are not proof of anything, they do reinforce what many have been saying since ChatGPT’s release: we may have reached […]

Mind your business: Business Assets, Professional Corporations & Divorce

Business owners or the spouse of a business owner encounter unique considerations when facing a divorce. The Marital Property Act’s Treatment of Business Assets The New Brunswick Marital Property Act, RSNB 2012, c 107 [hereinafter the “Marital Property Act”] exempts business assets from division with a spouse upon the breakdown of a marriage. Business assets […]

Signing Estate Planning Documents in New Brunswick During COVID-19

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 […]

July 23, 2020

Peace of Mind: Step by Step Process of Planning Your...

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.

Witnessing Wills in Newfoundland and Labrador: What does “in the...

Section 2 of the Wills Act (Newfoundland and Labrador, the “Wills Act”) sets out the legal requirements for the making of a valid will. To be valid, a will must first of all be in writing. Formal Execution and Witnessing Requirements A will that is entirely in the handwriting of the testator and signed by […]

Enduring Powers of Attorney in New Brunswick: Where We Are...

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 […]

April 13, 2020

Security for Costs in Estate Litigation

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.

April 9, 2020

Using Henson Trusts to Plan for a Family Member with...

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.