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POWER OF ATTORNEY – DUTY TO ACCOUNT

An Enduring Power of Attorney (EPA) is a legal document used to empower someone to make financial and property decisions on your behalf should you become mentally incapacitated or infirm. Your Attorney (this does not mean lawyer) has a fiduciary duty of loyalty to the person that created the EPA (the Donor). All decisions have…
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Real Estate -Surface Rights and Mineral Rights

On most Land Titles in Alberta we see a notation like this attached to the Legal Description: “EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK SAME”. If I return to my introductory Property Law courses, I can explain what this means. Land refers not only to the surface, but extends down also…
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GST ON A SUBSTANTIALLY RENOVATED HOME

It is well understood that GST is not payable in the purchase of used residential housing. GST is payable on the purchase of a newly constructed or substantially renovated residential home. The GST tax rate is 5%, subject to rebates. I will talk about the GST rebate in next month’s blog. A client recently asked…
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GRANT OF ADMINISTRATION (When There is no Will)

Probate is the process where the court recognizes the authority of an executor in a will to deal with the assets of the estate. Administration is the application required when there is no will. A grant in either case assures certain third parties such as financial institutions of the validity of your will or appointment,…
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