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Nov 22
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3 Steps to Take Right Now on Your Real Estate Purchase

By Estates

What Every Property Buyer Needs to Know After Signing the Offer to Purchase

Congratulations! You’ve signed your offer to purchase a property—a huge milestone in your real estate journey. But now the clock is ticking. From securing fire insurance to ensuring your lawyer has the necessary documentation, every step is time-sensitive. Let’s break down the essential steps you need to take to ensure your real estate purchase proceeds smoothly.

1. Secure Fire Insurance Immediately

Fire insurance isn’t just a good idea—it’s a legal requirement to close most property purchases. Lenders require proof of insurance before releasing funds, and your lawyer cannot finalize the transaction without it.

Start by contacting your insurance broker or a reputable insurance company to arrange coverage for your new property. Be prepared with key details, such as the address, the type of property, and its value. Don’t wait until the last minute; arranging fire insurance early ensures you avoid delays in closing.

Pro Tip: If your new home is in an area prone to flooding or other risks, inquire about additional coverage to protect your investment.

2. Obtain Additional Funding Right Away

If part of your down payment or closing costs relies on external funding—such as grants, savings plans, or financial aid programs—you’ll need to act fast. Programs like the First-Time Home Buyer Incentive or funding from organizations like the Manitoba Metis Federation often have specific timelines for fund disbursement.

Start by gathering all required documents to prove your eligibility and submit your application as soon as possible. Some programs require additional processing time, which could cause delays if not addressed promptly.

Quick Reminder: Check whether your funding source requires you to use the funds exclusively for specific costs, such as the down payment, or whether you can apply it toward other expenses.

3. Contact Your Bank About Mortgage Instructions

If you’re financing the purchase with a mortgage, your lender must send your lawyer the official mortgage instructions at least a week before closing (and preferably two weeks). These instructions detail how much the lender will provide, the conditions for disbursement, and other legal requirements. They take time to review for potential issues, and to turn into signable documents so you’ll need to meet with your broker or financial institution right away and get them to send their instructions immediately after that.

Here’s how to ensure this process runs smoothly:

  • Inform Your Bank: Notify your lender immediately after signing the offer to purchase. Ask them to send the mortgage instructions directly to your lawyer without delay.
  • Stay in Communication: Follow up with your lender to confirm that the instructions have been sent.

The sooner your lawyer receives these documents, the faster they can prepare the necessary paperwork for closing.

 

Final Thoughts

Buying a property is an exciting yet complex process. Once you’ve signed the offer to purchase, every step you take can make or break your deal’s success. By securing fire insurance, arranging additional funding, coordinating with your lender and lawyer, and preparing your closing funds, you’ll ensure a smooth transition to homeownership.

The key is to act quickly and stay organized. If you’re unsure about any step, your lawyer is your best resource for guidance. With these steps in place, you’ll be well on your way to closing day with confidence.

Oct 01
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Title Insurance in Winnipeg Real Estate Transactions: Why You Need It and What It Covers

By Real Estate

When buying a home in Winnipeg, one of the key expenses you’ll encounter is *title insurance*. If you’re new to real estate or unfamiliar with the process, title insurance might sound like just another cost piled on to the already hefty bill of buying property. However, it plays a vital role in safeguarding your investment. In this blog post, we’ll delve into what title insurance is, why your bank requires it, and what it covers.

What is Title Insurance?

Title insurance is a form of protection for homeowners and lenders against issues related to the ownership of a property. It ensures that you, as a property owner, have a clear and legal title to your property. This type of insurance is particularly useful because it addresses legal risks that could affect your ownership, such as existing liens, encroachments, or defects in the title itself.

The best part? Unlike other forms of insurance, title insurance is a one-time premium paid at the time of closing, and its coverage lasts for as long as you own the property. It’s arranged by your lawyer so that you can be certain that it covers what your bank requires, and so you don’t need to go out and buy it on your own.

 

Why Does Your Bank Require Title Insurance?

Most Canadian banks and lenders mandate that borrowers purchase title insurance as a condition for financing. But why?

Lenders want to ensure that the property they are helping you finance has a clear title. If issues arise—such as an undisclosed lien, a prior claim on the property, or a boundary dispute—it could jeopardize your ability to repay the mortgage. In the worst-case scenario, these complications could result in the loss of ownership altogether.

For the bank, title insurance provides a layer of security. It protects the lender’s financial interest in the property should any title-related issues arise. Therefore, while title insurance is beneficial for you as a homeowner, it’s also a requirement imposed by lenders to mitigate their, and your, risk.

What Does Title Insurance Cover?

Title insurance in Canada covers a broad range of potential risks and legal issues and it’s important to read your specific policy to see what it does, and doesn’t, cover. Here’s a breakdown of some of the most important areas where title insurance may offer protection:

1. Fraud and Forgery:

Fraudulent claims or forged documents can complicate your ownership. For example, someone might fraudulently sell your property without your knowledge. Title insurance may protect you financially if you become a victim of real estate fraud.

2. Errors in Public Records:

Mistakes in public records, like missing or incorrect signatures on documents, can create gaps in the chain of ownership. Title insurance may step in to resolve these issues by covering the costs to defend your ownership rights.

3. Encroachments and Easements:

Your neighbor’s garage might be a little too far over the property line, or you may find that part of your driveway is technically on another person’s land. These situations can cause legal disputes. Title insurance may help address and resolve such boundary issues.

4. Existing Liens Against the Property:

If the previous owner had unpaid debts—such as property taxes or unpaid contractor bills—those liens could transfer to you upon the purchase of the home. Title insurance may ensure that you won’t be on the hook for the debts of the previous owner. The largest two risks in Winnipeg are unpaid water (where new owners have seen unpaid bills as high as $87,000!) and when the previous owner did work on the house but didn’t pull permits.

5. Survey and Zoning Issues:

Title insurance may be able to help if the property was built in violation of local zoning laws, or if a new survey reveals discrepancies in property boundaries. Coverage includes legal fees and other costs necessary to remedy the problem.

6. Unmarketability of Title:

If there’s a problem with the title that prevents you from selling the property later, title insurance may help with legal costs or compensations related to the issue.

 

What Title Insurance Doesn’t Cover

While title insurance offers robust protection, it doesn’t cover every potential issue related to homeownership. For example, it won’t cover damages from natural disasters, home maintenance problems, or any title defects that arise after the policy is purchased. It’s essential to understand that title insurance is meant to protect against past issues with the title—not future risks. The biggest question that we get is around knob and tube wiring. Your fire insurance may not like knob and tube, but title insurance won’t cover things like that – if the city isn’t going to make you change it, title insurance likely isn’t going to cover it.

Is Title Insurance Worth It?

Given the relatively low cost of a one-time premium (often ranging between $300 and $600 in Canada), title insurance provides substantial peace of mind. It helps shield homeowners from a wide array of financial risks that could arise from defects in the title. Without it, you could face expensive legal bills or even the loss of your property in the event of a claim against your ownership.

In Conclusion

Title insurance is an essential but often overlooked part of Canadian real estate transactions. It ensures that you can enjoy your home free of legal complications stemming from past ownership issues. Whether required by your lender or voluntarily chosen for your protection, title insurance is a wise investment in safeguarding your most significant financial asset.

When considering your next real estate purchase, make sure to review your title insurance options with your lawyer thoroughly. With this added protection, you can confidently navigate the Canadian property market and protect your ownership rights long after the closing papers are signed.

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With a clear understanding of why your bank requires title insurance and what it covers, you’ll be better equipped to make informed decisions about your real estate transactions.

Apr 02
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Talking about private guardianships

By Family law

If you have found yourself in a position where you wish to take over the care of a child that is not
biologically your own, you may be wondering what does this mean for me, how do I protect the child,
and how do I legally establish my role as their guardian? The answer to that is often a private guardianship.

Private guardianship occurs when a non-biological parent, such as an aunt/uncle, grandparent, or close
family friend applies to the court for an Order of Guardianship of a minor child. This may occur for
numerous reasons, but some common reasons may be because the child has been apprehended from
their parents, the death of a parent, or perhaps a parent has expressed their inability to care for a child.
In these cases, a family member or friend may either be named as the appropriate guardian, or
someone may decide that they are willing and financially able to step up to this role.
Guardianship is unlike adoption as it does not legally terminate the biological parents’ rights over a
child, nor is it necessarily a permanent measure. Guardianship orders, unlike an adoption, can be set
aside in the future if circumstances change.

If you are anticipating becoming, or already are, the caregiver of a child, a guardianship application is an
important step, as it makes your role clear to others, creates certainty for your family and for the child,
and provides a legal basis for your position as the caregiver of the child. Taking this step may be required
by certain organizations, for instances Child and Family Services may request this if the child was
apprehended. Or, you may find that you need this document as evidence of your role in the child’s life,
for instance when traveling, attending medical appointments, enrolling the child in school, etc.
Although, the ultimate Order of Guardianship is not an overly complicated document, unfortunately the
steps to obtaining this Order can be somewhat confusing for the lay person, as it requires numerous
court documents and affidavits to be filed, service on multiple individuals and sometimes organizations
that have been involved with the child, and often at least one court appearance.

If you have found yourself in a position where you are considering guardianship, you may already be in
situation where you feel somewhat overwhelmed and uncertain about the circumstances. To help add a
bit more predictability in your life, Wolseley Law is now offering a flat rate for uncontested
guardianships.

Book your consult to learn more about this process and how we can help you.

Mar 07
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Executor Duties – A Guide: Navigating the Path with Care

By Estates

Introduction

Being named an executor of a will is both an honor and a substantial responsibility. It signifies trust and confidence in your ability to manage the final affairs of a loved one’s estate. However, it’s also a role that comes with a myriad of duties, requiring diligence, patience, and often, a delicate touch. In this essential guide, we delve into the core responsibilities of an executor, offering insights and advice to help you navigate the path with care, empathy, and efficiency.

Understanding Your Role As Executor

An executor, fundamentally, is tasked with carrying out the wishes of the deceased as laid out in their will. This role is pivotal in ensuring that assets are distributed according to the deceased’s wishes, debts are paid off, and all administrative tasks related to the estate are handled properly. The duties can be complex and time-consuming, but with the right approach, they can be managed effectively. Please keep in mind that this is by no means a complete guide to estate administration but is a good overview of some of the things that an executor might be expected to do.

A picture of a lighthouse leading in boats

1. Locating the Will and Important Documents

The first step in your journey as an executor is to locate the deceased’s will and any other critical documents, such as life insurance policies, property deeds, and financial statements. These documents form the foundation of your duties, guiding you through the process of estate administration.

2. Initiating the Probate Process

Probate is the legal process through which the will is validated, and the executor is formally recognized by the court. Initiating probate involves submitting the will to the local probate court and notifying all interested parties. Understanding your local probate laws is crucial, as they can vary significantly from one jurisdiction to another.

3. Managing the Estate’s Assets

As an executor, you’ll need to take stock of the estate’s assets, ensuring they’re secure and properly managed. This might involve everything from securing a property and its contents to managing bank accounts and investments. Your role is to preserve the value of the estate until it can be distributed to the beneficiaries.

4. Paying Debts and Taxes

Before the estate can be distributed, you’re responsible for settling any outstanding debts and taxes. This often requires opening an estate bank account to manage financial transactions. It’s essential to be thorough, as you may be personally liable for any discrepancies or errors.

5. Distributing the Assets

Once debts and taxes have been settled, you can proceed with distributing the estate’s assets according to the will’s instructions. This stage requires careful attention to detail and often, a great deal of patience, as it involves a lot of coordination and communication with beneficiaries.

6. Finalizing the Estate

The last step involves finalizing the estate, which includes preparing and filing final accounts with the probate court, showing how assets were managed and distributed. Once approved, you can formally close the estate, completing your duties as an executor.

Conclusion

The role of an executor is both significant and challenging, requiring a blend of meticulous attention to detail, financial acumen, and interpersonal skills. While the process can be daunting, it’s also a deeply meaningful way to honor the final wishes of someone important to you. Remember, it’s okay to seek professional advice from attorneys, accountants, and financial advisors to navigate the more complex aspects of estate administration. With the right approach and resources, you can fulfill your duties with confidence and compassion, ensuring a smooth and respectful conclusion to the estate’s affairs.

Feb 06
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Understanding a Henson Trust in Manitoba for People with Disabilities

By Committeeship, Estates, Power of Attorney, Wills

Navigating the complexities of estate planning and ensuring financial security for loved ones with disabilities can be a daunting task. In Manitoba, one effective tool that people look at for its flexibility and protective benefits is the Henson Trust. This post aims to shed light on Henson Trusts, detailing their setup, operation, and associated risks to help Manitobans make informed decisions and help you consider if seeing a Winnipeg lawyer for the Henson Trust is the right way to help you plan.

What is a Henson Trust?

A Henson Trust, named after the landmark legal case that established its framework, is a unique type of trust designed to benefit individuals with disabilities (in this case, the “beneficiary”). It is a discretionary trust, meaning that the trustee has full control over if, when, and how the trust’s assets are distributed to the beneficiary. The primary goal of a Henson Trust is to provide financial support to a person with disabilities without affecting their eligibility for government assistance programs, such as the EIA or Manitoba Housing. This is because the assets held in a Henson Trust are not considered part of the beneficiary’s assets.

Setting Up a Henson Trust

Establishing a Henson Trust in Manitoba requires careful planning and adherence to specific legal requirements. The process typically begins with consulting a lawyer experienced in estate planning and trusts. The settlor, who is the person creating the trust, must draft a trust deed or will that explicitly states the trust’s discretionary nature. This document should appoint a trustee or trustees, outline the trust’s terms, and specify the beneficiary or beneficiaries. Choosing a reliable and trustworthy trustee is crucial, as they will have significant control over the trust’s administration and the welfare of the beneficiary.

Operating a Henson Trust

Once a Henson Trust is in effect, its operation hinges on the discretion of the trustee. The key part of a Henson Trust is that no one can require that the trustee pay any of the money to the beneficiary – that is how it avoids being included in the beneficiary’s assets. The trustee is responsible for managing the trust’s assets, making investment decisions, and deciding on the distribution of funds to the beneficiary. They must act in the best interest of the beneficiary, taking into account the beneficiary’s needs, government benefit eligibility, and the trust’s long-term sustainability. Trustees have the flexibility to disburse funds for a wide range of expenses, including living costs, medical care, education, and leisure activities, ensuring the beneficiary’s quality of life is maintained or enhanced.

Risks Associated with Henson Trusts

While Henson Trusts offer numerous benefits, they are not without risks. One significant risk is the possibility of the trustee choosing not to disburse any funds, especially if they are also the residual beneficiary of the trust. This scenario can occur if the trustee, motivated by self-interest, decides to preserve the trust’s assets for themselves rather than using them for the beneficiary’s needs. To guard against this risk, it is essential to choose a trustee who is trustworthy and has the beneficiary’s best interests at heart. Additionally, you can appoint more than one trustee or a professional trust company to ensure checks and balances are in place.

In conclusion, Henson Trusts offer a valuable estate planning tool for families wishing to provide for loved ones with disabilities, ensuring their financial security without compromising their access to government assistance. However, the success of a Henson Trust lies in its careful setup, the integrity and diligence of the trustee(s), and the ongoing management of its assets. By understanding the benefits and potential risks, Manitobans can make informed decisions that align with their estate planning goals, ensuring peace of mind and the well-being of their loved ones.

Henson Trust meeting
Nov 15
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Important Items to Bring to Your Lawyer Appointment for Drafting a Will and Power of Attorney

By Estates, Wills
Wills consultation

Drafting a will and power of attorney (POA) are significant steps in managing your estate and ensuring your wishes are honored. When you’re preparing for an appointment with your lawyer to discuss these documents, it’s essential to come prepared. Here’s a good guide to help you make the most of your visit.

1. Identification and Basic Information

– Photo ID: Bring a government-issued photo ID such as a driver’s license or passport. This helps the lawyer verify your identity.
– Contact Information: Your address, phone number, and email are crucial for communication and official documentation.

 

2. Family Details and Beneficiary Information

– Spouse/Partner and Children’s Details: Names, birthdates, and social security numbers of your spouse and children (if applicable).
– Other Beneficiaries: Information about anyone else you wish to include in your will, like friends or charities.
– Guardian Designations: If you have minor children, consider who you would want as their guardian.

 

3. Financial Documentation

– Asset List: A detailed list of your assets, including real estate, bank accounts, investments, and valuable personal property.
– Debt Information: Details of any debts or liabilities, like mortgages or personal loans.
– Insurance Policies: Life insurance, disability insurance, and any other relevant policies.
– Retirement Accounts: Information on RRSPs, TFSAs, or other retirement plans.
– Business Ownership Documents: If you own a business, bring relevant documents like partnership agreements.

 

4. Legal Documents

– Existing Legal Documents: Previous wills or POAs, divorce decrees, prenuptial agreements, or any other relevant legal papers.
– Healthcare Directives: If you have existing healthcare directives, bring them for review.

 

5. Details for Power of Attorney

– POA Candidate Information: Names and contact details of the person or people you want to designate as your attorney-in-fact.
– Scope of Authority: Consider the powers you wish to grant, such as financial decisions, healthcare decisions, or both.
– Duration and Conditions: Decide when the POA should come into effect and any specific conditions or limitations.

 

6. Digital Assets

– List of Digital Assets: Include online bank accounts, social media accounts, digital currencies, and any other relevant digital assets.
– Access Information: Don’t bring your passwords, but be prepared to discuss how someone in charge of your affairs may be able to access your digital assets.

 

7. Personal Wishes and Instructions

– Specific Bequests: Instructions for specific items or sums of money to be left to certain individuals or organizations.
– Anything else that you would like the lawyer to discuss adding to your documents.

 

8. Questions and Concerns

– List of Questions: Prepare any questions or concerns you have regarding the will and POA process.

 

9. Open Mind and Readiness to Discuss Sensitive Topics

– Mental Preparation: Be ready to discuss sensitive topics like end-of-life wishes, family dynamics, and financial matters.

 Conclusion

Preparing a will and power of attorney is a thoughtful process that requires careful consideration. By bringing the necessary items and information to your lawyer appointment, you can ensure that your estate planning is comprehensive and aligns with your wishes. Remember, these documents are not just about distributing your assets; they’re about peace of mind and the security of knowing your affairs are in order, even in unforeseen circumstances.

This preparation not only facilitates a smoother process but also provides a clearer understanding of your estate, potentially revealing opportunities for financial planning and family discussions.

In summary, taking the time to gather these essential items and information before your appointment can make the process of drafting a will and power of attorney both efficient and effective, ultimately providing you and your loved ones with security and clarity for the future.

Oct 23
Love0

Can you sue over shared nude photos?

By Family law, Litigation
The distribution of nude photos, legally known as intimate images, without consent is a distressing and violating experience. If you’re currently facing this situation, it’s only natural to feel betrayed, devastated, and uncertain about what steps to take to protect your privacy. So, can you sue for the nonconsensual distribution of intimate images in Canada? The clear and comforting answer is, absolutely, yes.


Consent Is Key


In the context of privacy laws, consent is paramount. Everyone has a right to control how, when, and where their personal information, including intimate images, is shared. Spreading intimate images without consent is not only ethically reprehensible, it’s also illegal in Canada. This form of so-called ‘revenge porn’ can have severe emotional, psychological, and social impacts on victims.

The Criminal Part


In 2014, Canada enacted Bill C-13, otherwise known as the Protecting Canadians from Online Crime Act. This bill criminalized the non-consensual distribution of intimate images. Punishable under the Canadian Criminal Code, individuals found guilty could face up to five years in prison.While criminal charges can give a sense of justice to victims, they may not address the emotional damage and personal trauma inflicted by such violations. Here is where the Canadian civil law can step in, allowing victims to seek damages—both compensatory and punitive—to help mitigate the aftermath of the nonconsensual distribution of intimate images. The Government’s page on it can be found here.

Constructing a Civil Case


In the civil context, the tort of ‘Intrusion Upon Seclusion,’ confirmed by the Ontario Court of Appeal in Jones v. Tsige (2012), plays a critical role. Although this case didn’t involve intimate images, it set a precedent by recognizing the claim for damages under instances of invasion of privacy. More recently, the Ontario Superior Court extended this tort to create a new one: ‘Public Disclosure of Embarrassing Private Facts.’ In Doe 464533 v. N.D. (2016), the claimant sought and was initially awarded damages in total of $141,708.03 after a default judgment for the nonconsensual distribution of intimate images, when the defendant refused to participate in the Court process (the default judgment was subsequently set aside after a motion by the defendant). Manitoba has passed specific legislation called The Intimate Image Protection Act that lays out specifically some of the supports available to people who have had their intimate images shared. It also sets out how those people can sue the ones who distributed them.
You don’t need to prove that there was any damage and it’s important to remember that you do not lose the right to sue just because you consented to the images being made at the time. 

Seeking Legal Help

If you find yourself in this heartrending situation, please know that you’re not alone. The emotional toll from these events can be overwhelming, and having an advocate to lean on during this time can be incredibly comforting. Most importantly, they will help ensure the legal process serves your best interest.Remember, laws are there to protect you. With your lawyer’s help, you can fight for your right to privacy, seek the justice you deserve, and take important steps toward healing.

Final Thoughts

In the face of such intimate violation, you might feel vulnerable and powerless. But rest assured, Canadian and Manitoba laws give you the right to fight back against the nonconsensual distribution of private images. This issue, and the harm it brings, is taken very seriously. With the right legal guidance, you can bring this to the court, seeking compensation for your suffering and, more importantly, reclaiming your sense of control and dignity.In closing, please remember two important facts – you are not alone, and you are not powerless. You have the law on your side, and we are here and willing to help you find your way through this challenging time.

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