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.

Signing Wills and Estate Planning Documents in Nova Scotia While...

The lawyers and staff at Cox & Palmer in Halifax are ready to help you complete your wills and estate planning documents. If you need a Will, Power of Attorney or Personal Directive for medical care, our lawyers have several options to assist you in preparing and signing documents quickly and safely during the COVID-19 outbreak.

February 26, 2019

Significant Development in the Law of Guardianship in Newfoundland and...

In Re A.A., the Newfoundland and Labrador Court of Appeal has affirmed that the Supreme Court Trial Division may grant general orders for a unique form of guardianship of adults who live with a mental disability. Commonly known as “Guardianship of the Person”, this kind of order gives the Court-appointed guardian the plenary authority to […]

January 22, 2019

Update: The Supreme Court of Newfoundland and Labrador Clarifies Probate...

In our blog post of September 4, 2018, we identified what we viewed as an improper application by the Probate Registry of the Supreme Court of Newfoundland and Labrador of subsection 4(3) of the provincial Services Charges Act when it comes to the statutory fee charged on the filing of updated or amended estate Inventories […]

September 4, 2018

The Supreme Court of Newfoundland and Labrador to clarify probate...

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 […]

June 7, 2017

Who Is A Parent?

There is a lack of legislation in New Brunswick to provide a framework for using artificial reproductive technology to build a family in the 21st century.

Public Policy and Wills: How Do They Interact?

In the matter of Spence v. BMO Trust Company, the Ontario Superior Court of Justice was asked to set aside a Will for public policy reasons. The evidence suggested that the deceased disinherited his daughter because the father of the daughter’s child was Caucasian. After reviewing the evidence and applicable legal principles, the Court concluded that the Will was void and should be set aside.

Best Interests or Expressed Wishes: What Takes Priority in a...

Justice Boudreau of the Nova Scotia Supreme Court was called upon to assess this issue in the matter of B.M. v. K.S. Her Ladyship concluded that a clear and unequivocal expression of interest in a Personal Directive should normally be followed even if it is arguably not in the objective best interests of the person who signed the Personal Directive.

Who Pays the Costs? Responsibility for Legal Fees in Disputed...

In the matter of Prevost v. Prevost Estate, 2015 NSSC 10, Justice Michael Wood was called upon to determine who should pay costs flowing out of a contested Court application which sought an accounting by the personal representative of the Prevost Estate.

Removal of a Personal Representative – When and Why?

Under what circumstances can and should a Court remove a Personal Representative appointed by the will of a deceased? This was the main issue which faced Justice Gogan in the matter of Willisko v. Pottie Estate, 2014 NSSC 389.