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gtheule

Jun 05
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Wolseley Law is moving

By News

Effective July 1, 2023 Wolseley Law will be moving to 120 Sherbrook Street, Winnipeg, MB  R3C 2B4

We are very excited to move into a space that will take Wolseley Law’s already loved comfortable, community feel and place it in a restored old Wolseley house, right in the middle of the exciting Sherbrook Street strip.

If you have an appointment with Wolseley Law LLP after July 1, please ensure that you are coming to our new space.

We are located right on the Sherbrook bike path, across the street from many transit options, and with plenty of free parking on Sherbrook Street 24/7 (although please ensure that you mind the signs on weekdays 7:00am – 9:00am).

We look forward to welcoming you into our new space!

120 Sherbrook Street map
May 26
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Your Family Pet in Separation or Divorce: What about Rover?!

By Family law, Pets

Pets are part of the family! If you have a family pet, you can appreciate just how important they are in your life and your children’s lives. If you’re going through separation or divorce, then it’s likely that you’ll need to consider what will happen to your pet(s). In this article we’ll look at how we deal with the family pet in separation or divorce, and steps that you can take to ensure that your wishes regarding your pet are fulfilled.

Ownership

Canadian law views pets as property – just like an armchair, a vehicle, or a computer. This means they are subject to the same rules of property division upon a relationship breakdown. Therefore, The key issue to be determined by a judge is to identify which spouse owns the pet. This means considering who paid for the pet, and who pays for the majority of expenses. Or, if the pet was acquired before the relationship, this will be strong evidence to show that the pet will be excluded from family property and should remain with the spouse who originally purchased the pet.  It is also possible for a court to decide that a pet is jointly owned. This may mean that the court will order that one party buys the other party out, or if there are multiple pets, an order that each party keeps a pet.

However, the treatment of pets in the law does not appreciate the deep bonds that people build with their pets, and a property ownership approach leaves many pet owners feeling unsatisfied. In recent years, some provinces have shifted towards more holistic considerations, especially given that Covid-19 saw an upward shift in pet ownership. For instance, in British Columbia, judges are increasingly likely to consider what is in the best interest of the pet, such as who can dedicate more time to the pet, and whether the pet is bonded with another animal or human. There have also been proposed amendments to the British Columbia Family Law Act, that would consider more of the “relational aspects” of animals in the family. In Ontario, case law has also evolved, with judges looking at who has spent more time with the pet, including who takes the dog for walks, cares for the pet, buys the food, and accompanies the pet on vet visits. In some cases, Judges in Ontario have also considered the children’s attachment to a pet, and determined the pet schedule around where the kids are, whether that means the pet stays in one household, or changes households with the custody schedule. Decisions from other provinces can be persuasive considerations for judges here in Manitoba.

How can I protect my rights regarding the family pet?

While the law is shifting in a paw-sitive direction,  it remains that pets are property. Therefore, keeping documentation that can prove ownership and ongoing payments towards the pet’s care is very important. This includes things like the ownership papers, information on the pet license, vet bills, and bank statements.

It is also worth considering creating a “pet-nup”, detailing what contributions have been made for the pet and what will happen with the pet upon a relationship breakdown. These details can be included in a written cohabitation or prenuptial agreement.

If there is no cohabitation or prenuptial agreement already in place prior to separation, one of the simplest, and most common ways to ensure your interests are protected is through a written separation agreement. This will also help to avoid lengthy and costly court battles over the family pet in the future. These agreements will typically include things like visitation schedules, rules outlining how costs will be shared, and obligations regarding nutrition and health decisions.

If you are facing an immediate dilemma regarding the removal of your beloved pet from your care, there may also be other immediate relief available to you as well, such as an interim order of possession or a legal or equitable claim of ownership.

Whether you are simply looking to protect yourself in case of a future breakup, or are in the process of a separation, our family team is here to help you ensure that your beloved pet stays a part of your life!

A cat and dog snuggling at home
May 18
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New Article: Relocation in the Context of Family Violence: A.J.K. v. J.P.B., 2022 MBQB 43

By Family law, Research Articles

One of our lawyers, Heidi Dyck, was asked to write an article for May 2023 bulletin of the Research and Education for Solutions to Violence and Abuse (RESOLVE) research network on relocation in the context of family violence.

 

Her article can be found here:

https://www.umanitoba.ca/sites/resolve/files/2023-05/RESOLVE%20Case%20Bulletin%20English%20Version%20May%202023.pdf

May 17
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Legal Agreements Are Not Just For Separation: Cohabs, Prenups, Spousal Agreements

By Family law

If you’re in a relationship,  there’s a good chance that you’ve at least thought about getting a prenup or cohabitation agreement. After all, if you’ve made it to the point where you’re thinking about moving in together or getting married, then it’s likely that your future together is important to both of you. And while some couples may choose not to put their relationship on paper, having a legal agreement can make things easier if something goes wrong later on down the road. It’s also worth noting that any legal agreements between partners need not be limited solely to separation agreements and prenups—there are plenty of other types of agreements out there!

Cohabitation agreements are a way to protect your rights in the event of a breakup if you and your partner are living together. Cohabitation agreements can cover a range of issues, including property, debt and support. In Manitoba, you are considered common-law if you have been living together for three years or one year if you have a child together. In Manitoba, if a common-law couple separates, each partner is entitled to half of the family property, if there is not an agreement saying otherwise.

If you’re in a relationship and plan to get married, prenups can be an excellent way to protect your assets. A prenup is not just for the rich and famous!

If one partner has more money than another, or if one partner brings more property into the marriage than another does (such as an inheritance), then having this information written down before tying the knot may help avoid future misunderstandings or disagreements over who owns what if you get divorced. It can also help avoid a contentious legal battle if divorce occurs, because you’ve already agreed to certain things.

If you aren’t sure if an agreement of this kind is right for you, or you’re not sure what you would include, it’s always best to speak to a lawyer who is experienced in these issues. At Wolseley Law, we offer flat rates for these types of agreements. To get more information, or to schedule a consult with one of our lawyers to discuss it, please contact our office.

May 09
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Dealing with pets in your will and estate

By Estates, Pets, Power of Attorney, Wills

You love your pet, and you want to make sure that he or she is taken care of after you’re gone. You may not know how to do this, but don’t worry: It’s easier than you think! In this article, I’ll cover the basics of estate planning for pets and how it can help the dog, cat, iguana or whoever you have in your life continue to be a good boy even after you can’t help them anymore. Because who’s a good boy? Your pet’s a good boy.

Pets are part of the family, so they should be protected and provided for in your estate plan along with other loved ones and assets

Pets are part of the family, and they should be protected and provided for in your estate plan along with other loved ones and assets. Pets are not just property, they are family members. They have feelings and emotions that can suffer when they lose their owner or guardian. In some cases, these animals have been with an individual longer than any human friend! They deserve to be included in your will as well as being cared for by someone who will love them just as much as you did when alive (or even more).

Plan early.

It’s never too early to start thinking about what will happen to your pets after you pass away.

However, if you wait too long, it may be too late. You need to make sure that your wishes are known by those who will be responsible for carrying them out.

Consider hiring a lawyer to help you create an estate plan.

If you have pets, it is important to have a plan in place for them. A lawyer can help you create a will and make sure that the right people are named as executor(s), trustee(s), successor trustee(s), power of attorney and/or guardian(s). They also know how best to deal with pets in these documents.

A good estate planning lawyer will ask questions about your pet’s needs so they know what type of caretaker would be best suited for them; many lawyers have connections with local shelters that specialize in helping animals find new homes when their owners pass away or become unable to care for them anymore

Although courts see pets as property, choose a guardian for your pet.

Although the courts see pets as property, you should choose a guardian for your pet. A guardian can be a family member, friend or neighbor. Alternatively, it could be a professional caregiver who specializes in taking care of animals.

If possible, appoint two people as co-guardians so there’s someone who can step in if something happens to one person before the other dies or becomes incapacitated themselves (elderly parents often worry about this).

Provide for your pet in your will and other legal documents.

If you have a pet, it’s important to think about how they’ll be cared for after your death. If a family member or friend isn’t willing or able to take on the responsibility of caring for your pet, consider other options such as finding them a new home with someone who is able to do so. Another option is providing money in your will that allows them to be taken care of by an animal shelter or rescue group until they are adopted into their new home.

Pets can be the subject of gifts for their care, or even trusts that allow funds to be paid out every year that they survive you in order to ensure continual care. The options for choosing how to provide for your pets are nearly limitless.

Arrange for care while you’re alive, if possible.

If you have a pet and are experiencing a move into a personal care facility, it may be valuable to consider if an earlier move for your pet is a better option. This may help ease your pet’s transition into its new home, and still allow you to visit, or be visited by your pet, from time to time.

You should also make sure that any medical issues are taken care of before arranging for someone else to take over as caregiver: ensure that the animal has had all its vaccinations (and check back periodically), and bring it in for regular checkups from time-to-time so that any potential problems can be caught early on and treated accordingly by a veterinarian.

Conclusion

Pets are a big part of our lives, and they deserve to be taken care of. They’re also part of your estate and will, so it’s important to plan properly for them. If you don’t want to leave money or property directly to your pet, consider naming someone else as guardian who can take care of them in the event of your death or incapacity. This person should be someone who loves and cares about your good pup or kitten or other friend as much as you do and who is willing to give them all the love that they deserve.

Apr 21
Love0

Planning considerations as you get older

By Committeeship, Estates, Power of Attorney, Wills

Estate Planning

If you have a family, it’s important to make sure that they are taken care of after your death. A will is one way to do this. A will allows you to specify who will inherit your property and other assets, including who should care for any minor children if both parents die.
You may also want to consider setting up a trust as part of your estate planning process. Trusts can be used in many different ways–for example, they can be set up so that an heir receives money from the trust only when he or she reaches a certain age (a “spendthrift” clause), which could help protect against financial abuse by others; or they might allow for some flexibility over how much money goes into each beneficiary’s hands at different stages in life (such as college tuition).
If someone else needs power over your finances but doesn’t want total control over them (for example, if you’re too ill or incapacitated), then naming him or her as power-of-attorney may be necessary; this person would then be able to make decisions about paying bills on behalf of another person until such time as he/she recovers enough mental capacity again. You can read more about that here: https://wolseleylaw.ca/wills-estates-and-elder-law/

Health Care Planning

Health care planning is one of the most important things you can do to ensure that your wishes are respected and carried out. By creating a health care directive and assigning a health care proxy, you can ensure that decisions about your medical care are made according to your wishes. If you have chosen not to create an advance directive or assign a proxy, then provincial law will determine what happens if you become incapacitated and unable to make those decisions yourself.
When it comes time for long-term care (LTC), there are several options available: home-based LTC services such as adult daycare centers; assisted living facilities; nursing homes; or continuing care retirement communities (CCRCs). Each option has its own benefits and drawbacks depending on how much assistance is needed from staff members at these facilities–and each comes with its own cost structure as well!

Financial Planning

As you age, it’s important to have a financial plan in place. This can include creating a budget and planning for retirement, as well as exploring financial assistance options that may be available.

Housing Arrangements

  • Senior Living
    If you’re an older adult, or if you know someone who is, it’s important to explore options for senior living. This can include independent living facilities or assisted living facilities. You may also want to consider moving in with family members or friends who live nearby.
  • Home Modifications
    As people age, they often need help with daily tasks such as bathing and dressing themselves. When this becomes too much for them alone–or when it becomes impossible for them alone–it’s time to make some changes in their home environment so that they can continue living safely on their own terms without needing constant assistance from others around them all day long every day throughout each week. Some examples include installing grab bars near toilets; widening doorways so they’re easier for wheelchair users; adding ramps outside entrances where snow piles up during winter months

Insurance Planning

  • Long-term care insurance
    Long-term care insurance can be a good option for people who are concerned about the cost of nursing home care. It’s important to evaluate your options carefully, though, and make sure that you understand what kinds of benefits each plan provides before buying one.
  • Health insurance options
    If you have employer-sponsored health insurance, it’s important to evaluate whether or not this coverage will continue after retirement. Long term drug coverage will typically end after retirement and so it may be important to consider what that coverage may look like, and what government Pharmacare limits and deductibles might be for you.

Tax Planning

Tax Planning
A tax professional can help you plan for retirement and ensure that you are taking advantage of all the deductions and credits available to you. Tax planning is also important for ensuring that your estate is properly structured to minimize taxes on death, which may include setting up trusts or other legal arrangements ahead of time.

End-of-Life Planning

When you’re faced with end-of-life planning, you may be thinking about what arrangements to make for your funeral and burial. You may also want to consider how much time you have left and what kind of care you would like in the event that your health deteriorates.
You can help ensure that these decisions are carried out in accordance with your wishes by creating an end-of-life plan. This includes deciding on funeral arrangements, such as whether or not there will be a public viewing or open casket service; who should attend; where it will take place; what music is played during services; whether or not there should be flowers sent by family members; etc.; creating a living will (also known as an advance directive) which outlines how medical treatment should proceed if one becomes incapacitated due to illness or injury. Even MAID is becoming more complex, with new rules set to take effect soon. Talking through those options can be important as well.

Caregiver Arrangements

If you’re caring for an elderly loved one, you may need to hire a caregiver. You can also look into finding support services in your area and making arrangements for respite care.
If you are caring for someone who has dementia or Alzheimer’s disease, it’s important to know what legal arrangements should be made before they lose their ability to make decisions on their own behalf.

Technology Planning

  • Assistive technologies: Assistive technology is any device or service that helps people with disabilities to do things they cannot do on their own. Examples include screen readers for people who are blind, text-to-speech software that converts written words into audio speech, and devices that allow people with mobility issues to use computers more easily.
  • Online resources: The Internet has become an indispensable tool for many older adults and their caregivers. It can help them find information about legal matters, health care services and other community resources; connect with others who share similar interests; stay in touch with family members who live far away; participate in online discussions about topics important to them (such as aging); learn new skills like using social media platforms like Facebook or Twitter; order groceries from home delivery services like Instacart or Peapod; manage finances using online banking tools such as Mint (which also tracks spending habits); find transportation options such as Uber/Lyft ridesharing services–and much more!

Conculsion

There are a number of considerations when we think about getting older and many of them go hand-in-hand. For example you tax planning and estate planning will often overlap. If you have questions about these, or if you know that there is some planning that you’d like to do, please reach out and schedule a chat with us.

Jan 26
Love0

Find the Answers You Need From a Real Estate Lawyer

By Real Estate

When it comes to buying or selling your house, you need a trusted team to answer all of your questions

Real Estate Law: Get Advice Tailored to You

Buying and selling property can be complicated, and you want to make sure you have the right legal help. Our real estate lawyers provide you with the answers you need to make the right decisions. With experience in all areas of real estate law, our lawyers are here to help you navigate the complexities of property law.

Affordable Fees, Transparent Pricing

At our firm, you never need to worry about hidden fees or surprise charges. We provide transparent pricing and affordable fees so you can make decisions with confidence. Most of our prices are available on our website, and if our fees are going to fall outside of that, we’ll let you know as soon as we can. Our lawyers will take the time to explain the process and answer all of your questions in plain language, so you can make informed decisions.

Get the Answers You Need Now

Don’t wait until after you’ve bought or sold your property to get the help you need. Our real estate lawyers are here to assist you with your property law questions and provide you with the advice you need to make the best decisions when dealing with your largest asset.

Give us a call to get the answers you need from your real estate team

Small house on a table with plans and a piggy bak
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