I undervalued an asset on the estate inventory. Now what?

One of the tasks of an executor or estate administrator is to prepare an inventory of the estate. This is not always cut and dried, especial...

What does "a will speaks from death" mean?

Recently somebody asked me to explain the phrase "a will speaks from death". I thought it might be something others wondered about...

I'm 27 years old and the executors say they can keep my inheritance in trust if they see fit

I hear a lot of questions from beneficiaries whose shares are being held in trust. I'm surprised at how often the beneficiaries have not...

Access to Justice clinic a success

A few weeks ago I mentioned here in this blog that I had participated in a local Access to Justice clinic that offered free legal advice to ...

Obituary: Chris Connors attacked life; he grabbed it by the lapels, kissed it, and swung it back onto the dance floor

I have to say that I'm enjoying the trend towards self-written, humorous obituaries. This one, for Chris Connors who passed away on Dece...

Sibling squabble over late brother's Meccano set goes to court

There is a recent story from New Zealand about the estate of Bert van der Lubbe, who died in 2015. Mr van der Lubbe did not have a spouse or...

Artists and entertainers we lost in 2016

Doesn't it always seem that some beloved and/or famous person's death is in the news? Well, from Alan Rickman to Leonard Cohen, we d...

How can I leave my dog to my daughter when I die?

Plenty of people want to make sure that they've documented their wishes for the care of their pets so that once they're gone, their ...

A holiday treat for my readers - AMAZING gingerbread houses!

Take a look at these wonderful little gingerbread masterpieces by clicking here. Here's a sample from www.cakewrecks.com:

Woman who isn't named in lover's will can't get a penny from his estate, says PA court

This story is from Pennsylvania, but it could be from plenty of places including some parts of Canada. In this case, Ralph Tito died in 2013...

Financial elder abuse is on the rise

To those of us who work with seniors and their legal documents every day, this headline is hardly a surprise. I agree with the author of the...

Top 10 fun Christmas gifts for lawyers - 2016 edition

Christmas wouldn't be complete without my annual list of fun gifts for your favourite lawyer. I've always aimed this list at my fell...

Forget coffins! This company will swirl you into beautiful glass creations when you die

The funeral industry has come a long way and it seems to come up with more and more innovative ideas. The newest fad is have a spoonful of y...

Not as they intended: Estate plans gone wrong

Estate planners like me are always telling people to make their plans and get them onto paper in the right way. But even planned estates occ...

Corona Beer founder Antonino Fernandez makes entire village millionaires in his will

In August 2016, billionaire Antonino Fernandez died at age 98. In his will, he left his entire fortune to the folks who live in the village ...

French heir finds $3.7m gold hoard under furniture

How would you feel if you inherited a house from someone? Pretty good, I imagine. And what if the house was fully furnished and decorated? E...

My father was a beneficiary but died before the testator. Do I get his share?

Deciding who gets what under a will can sometimes be confusing. This is particularly true when a named beneficiary has passed away. A reader...

Newfoundland and Labrador Access to Justice free legal advice clinic

The Canadian Bar Association is holding a free legal advice clinic for the public this Saturday, November 19 2016 in St. John's, NL. We&...

A beneficiary was banished. Does he still inherit?

This letter from a reader is one of those questions that reminds me of why I blog in the first place. It reminds me of how much misinformati...

Lest we forget

This is my grandfather, John Ernest Butler, standing in front of the War Memorial in St. John's, NL, wearing the medals he won during WW...

Is it a good idea to act as executor and POA for someone I don't know much about?

It used to be that people felt honoured to be chosen as someone's executor. I have always thought that frame of mind to be a bit naive, ...

Catholic Church bans scattering of ashes as "pantheism"

As a regular part of my discussions with individuals, couples, and families about estate planning, I have conversations with them about the ...

Taking an elderly parent or grandparent to make the will YOU want them to have is elder abuse

I often hear about adult children who take their parent or grandparent to a lawyer and tell the lawyer that Mom or Grandad wants a new will....

Royal Newfoundland Constabulary gets into Halloween

I have many, many reasons to love the beautiful island I live on, and here is yet another. The cops get into Halloween! This brief video sho...

Happy Halloween

Happy Halloween!

The New Principal Residence Reporting Requirements – Large Implications for the Average Canadian

This month, the Canadian government announced changes to the reporting requirements when a person sells his or her principal residence. Not ...

Do I need probate when the bank issued cheques to "the estate of..."?

Legal procedures are not familiar to most people, and can be really confusing if you aren't working with a lawyer. Recently a reader sen...

Am I entitled to ask the executor for more detailed financials?

Do you ever wonder how a general legal rule or principle actually works in your situation? A reader who obviously knows the general rule tha...

Acting under an enduring power of attorney doesn't allow you to change someone's will

If you're acting under an Enduring Power of Attorney, you may have been faced with a legal or financial situation that you're just n...

Home-made estate planning strikes again

I often give warnings in this blog to parents about adding their children to their bank accounts as joint owners. It's one of those step...

Listen for me on VOCM radio today at 2:00 NL time

Listen for me on VOCM's Backtalk today at 2:00 Newfoundland time. I'll be chatting with Pete Soucy about Wills Week, about why peopl...

Only my name is on the title. Will my wife get my house when I pass away?

I'm always glad to see questions from people who want to clarify their situations. It's so much better to find out important informa...

Should you name your children or your estate on your life insurance policy?

When it comes to naming the beneficiary of a life insurance policy, there is no one-size-fits-all answer. There are plenty of variables to c...

Three out of four isn't bad

I just noticed that of the four top-selling books in the law category on my publisher's site, three of them were written by me. "Fo...

How do you find your deceased parents assets when they've been gone for 14 years?

Now here's a tough one. A reader left me this brief note: "How do you find your deceased parents assets when they been gone longer ...

Things don't happen automatically. That's why we have executors.

Today I met with a client who was upset and angry that the stocks and bonds owned by her father had never been transferred into her mother&#...

What if the executor ignored the will for 16 years and now one of the beneficiaries is passing away?

What happens when an executor ignores the will for 16 years, then one of the beneficiaries under the will becomes ill? Does that complicate ...

What issues are raised when an inheritance passes outside the family?

Unfortunately, estate litigation is not rare. Beneficiaries can be protective of their potential inheritance, and sometimes do not look kind...

Local law firm uses furry friend to help clients

At my office, we do our best to put clients at ease and help them to feel at home. A few days ago, a local reporter heard about our little o...

15 basic (but important) points about executors

Sometimes when I read questions and comments on this blog or speak with people in my office, I realize that there are basic terms used in wi...

Testators can't ask the impossible or illegal in their wills

Did you know that you do not have the right to put absolutely anything you want in your will? We all know that there are certain people that...

Reynolds painting accepted in lieu of 4.7 million inheritance tax

In Canada, we don't have inheritance tax. We can inherit any amount from our parents and not pay tax on it. This is not the case in othe...

More interesting links added

I often spruce up the "Interesting Links" section of this blog, taking down anything that's outdated and adding new things I&#...

Executor who wouldn't give info to beneficiaries to pay own costs of $80,000

The number one complaint I hear about estates is not about the cost or the time it takes. It's about the fact that executors refuse to p...

Age gracefully and free of parasitic progeny: Ethically Speaking

The title of this article grabbed my attention right away, since it deals with exactly the same things I have dealt with over the last 30 ye...

How can I make sure the beneficiary has to prove she deserves the money?

Have you ever seen someone inherit a substantial sum of money and thought that they didn't deserve it? It's an interesting concept -...

Markham woman dies penniless after son steals life savings

In June, David Klimitz was convicted of stealing his 90-year-old mother's life savings. He had been granted Power of Attorney by his mot...

Questions about bankruptcy and inheritance

I receive quite a few questions on this blog about what to do when a beneficiary of an estate is in bankruptcy, and I have blogged about it ...

Can the estate lawyer make the executors apply for probate if they don't want to?

Can the estate lawyer make the executors go through probate if they don't want to, or without explaining why probate is necessary? A rea...

Boot camp helps first-time executors navigate estate maze

The online newspaper known as www.advocatedaily.com recently interviewed me about our upcoming seminars. Time has flown by and it's only...

Last-minute wills more costly for clients

Are you one of the many people who procrastinate when it comes to getting a will done, then end up realizing that you just can't go on v...

The trickiest items to pass on to your beneficiaries

We know that having a strong will makes  your estate easier on your executor and your beneficiaries. But that doesn't mean that it's...

Lawsuit alleges $100,000 trust fund for dog was mismanaged by executor

When Patricia Bowers of New York passed away, her will set up a trust for her dachshund, Winnie Pooh, with $100,000. According to the terms ...

Coming soon - DIY letters of administration kit for Newfoundland and Labrador

The latest addition to our bookshop is almost ready for purchasing! We are pleased to announce that we have completed putting together a com...