It is said that in this world, nothing is certain but death and taxes. Modern estate planning aims to assist individuals to navigate both of these unpleasant certainties.  Preparing double wills is an estate planning technique which minimizes the number of probate fees (estate administration taxes) payable on death by your estate.

Primary and Secondary wills 

When looking to buy, sell, or refinance a property, you need to hire somebody who is not a stranger to addressing the real estate needs of individuals and families. Robert MacKay is the man to call. ROBERT MacKay is your TRUSTED REGINA REAL ESTATE LAWYER!

Our Trusted Regina Real Estate Lawyer Robert MacKay want's to ensure Landlords are fully aware of the financial and legal issues that can arise from criminal activity conducted by a tenant.  

A recent article from the Star Phoenix "Regina landlords lose bid to make insurer pay for drug-house explosion" details how a local landlord attempted to gain compensation for the home from the insurance company.  The insurance company had denied their claim and pointed to a 2003 notice posted in a renewal package that stated simply: “We do not insure property used for the illegal cultivating, harvesting, processing, manufacturing, distributing or selling of marijuana.”

Even though the landlords claimed they took all reasonable steps to screen the tenant and his partner, who had children and were otherwise “model tenants.” There was simply no way for them to know the tenants were surreptitiously running an illegal drug operation in the home, they argued.  However, Court of Queen’s Bench Justice Richard Elson rejected those arguments stating "changes to the policy were hardly “buried.” They came highlighted in a special box on the front page of the renewal form". Further, he noted that renting always carries an element of uncertainty — and landlords should be prepared for the worst.

How can a landlord limit responsibility for a crime committed by strangers on the rental property?

Screen tenants carefully and choose tenants who are likely to be law-abiding and peaceful citizens. Weed out violent or dangerous individuals to the extent allowable under privacy and anti-discrimination laws that may limit questions about a tenant's past criminal activity.

• Don't accept cash rental payments.
• Do not tolerate tenants' disruptive behaviour. Include an explicit provision in the lease or rental agreement prohibiting drug dealing and other illegal activity and promptly evict tenants who violate the clause.
• Be aware of suspicious activity, such as heavy traffic in and out of the rental premises.
• Respond to tenant and neighbour complaints about drug dealing on the rental property. Get advice from police immediately upon learning of a problem.
• Consult with security experts to do everything reasonable to discover and prevent illegal activity on the rental property.

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

MacKay & McLean provides the professional services of a large Regina law firm, with the intimate attention of a small firm. The legal process can be daunting and overwhelming, but it doesn't have to be. MacKay & McLean is with you every step of the way.

MacKay &  McLean are TRUSTED REGINA LAWYERS

Title fraud is approximately a C$1.5 billion dollar a year industry and growing. This has given rise to new products being made available to you to help protect yourself. One such product is title insurance.

Initially, title insurance was used in Saskatchewan only when a surveyor's certificate was not available. This is because it insures against any defects that would have been revealed if a surveyor's certificate or real property report had been obtained. People opted for title insurance because it cost less than a new survey. However, title insurance protects you against much more and it is especially good for people buying used residential real estate, rental properties or commercial real estate.

Like other insurance products, you pay a premium to the insurer. Usually, this is a one time fee. Different insurers structure their pricing differently and there are policies for owners and policies for lenders, so rates vary. The premiums for condominiums are usually less. The fees for commercial transactions are typically greater.

For the one time premium you get protection for as long as you own the property and it protects your estate in the event of death. The amount of protection is up to twice the fair market value of your property, at the time the insurance was obtained.

Lawyers will usually charge an administration fee of $75 to $150 to provide the appropriate data and information to the insurer.Typically, title insurance is obtained through your lawyer's office when you buy a property.  "Existing Home Owner's" insurance is also available at any time.  Some insurers in Saskatchewan, like Co-Operator's, are now providing the product.

It is important to remember that lawyers do not receive any compensation from the title insurance companies for recommending or assisting you with obtaining title insurance, i.e. we are not sales people for the title insurers and we do not receive trailer fees or commissions from the insurers.

In fact, a lawyer's failure to discuss title insurance with you may constitute professional negligence and that lawyer may be liable to you if you suffer damages from something that title insurance would have protected you against. In other provinces, for example, Ontario, lawyers are obligated by their professional code of conduct to thoroughly discuss title insurance with you.

I recommend title insurance because I believe that most times it is in your best interests to have it. At the very least, you should have the opportunity to make an informed decision.

The four main title insurance companies in Canada are: (1) First Canadian Title Insurance, (2) Stewart Title Guarantee Company, (3) Title Plus, and (4) Chicago Title Insurance Company. For more information on title insurance, its cost and benefits, visit the following websites: First Canadian Title; Stewart Title Guarantee Company; Title Plus; and, Chicago Title.

Some things are better to have and not need, than need and not have. Title insurance is one those things.

*Always check with the insurer to see what they cover and what they do not. Make an informed decision.

For advice, Robert MacKay's team provides professional, personalized service and with their assistance, you can rest assured that your real estate transactions will be handled with the utmost consideration and care.

They  provide a full range of legal services including:

• Real Estate & Mortgages
• Wills & Estates
• Family Law & Divorce
• Commercial & Corporate Law
• Litigation & Personal Injury

Untying the Knot: Grounds for Divorce in Saskatchewan: 

Anyone who has gone through a divorce will likely tell you it was a difficult time for them mentally, emotionally, and financially. Understandably, clients often seek advice at the first signs of trouble in their marital relationships. One question I’ve heard repeatedly in my short time practicing family law is “how do I get a divorce?”

Divorce in Saskatchewan is governed by federal legislation called the Divorce Act. Although this blog entry refers to Saskatchewan, the Divorce Act applies to all of Canada. In Saskatchewan, only the Court of Queen’s Bench has jurisdiction to deal with a Petition for Divorce, and in order to get a divorce, one must make an application to the Court. There are many common misconceptions about what a couple and/or spouse must prove in order to get a divorce, but the truth is there is only one ground for divorce in Canada: marital breakdown.

What is “marital breakdown” and how does one go about establishing that a marital breakdown has occurred? The Divorce Act sets out three ways to establish marital breakdown:

1. Living separate and apart for one year

This is, by far, the most common ground for divorce, and is the easiest to prove. Spouses are considered to have been separated for one year when they have lived separate and apart for a period of 12 months. Although the period of separation must be uninterrupted, a brief reconciliation during the year (up to 90 days) will not interfere with the calculation of time, as long as the reconciliation is unsuccessful.

2. Adultery

If you choose to seek a divorce on the basis of adultery, you must establish that adultery occurred. You must also swear that the adultery was not condoned by you, and that it was not permitted or invented simply as a means to obtaining a quick divorce. Note that adultery can be difficult to prove if your spouse is unwilling to simply admit to it in an affidavit.

3. Cruelty

Finally, a divorce may be granted in circumstances in which your spouse has treated you with intolerable physical or mental cruelty. If your spouse has treated you in such a way that it would be unreasonable or intolerable for you to continue to live with them, the Court may order a divorce. On a petition for divorce on the basis of cruelty, the Court will consider the effect of the conduct in question on you, the victim, in order to determine whether the behaviour in question constitutes cruelty.

Please note that the divorce itself is only one issue a couple faces when their marriage breaks down. Other issues that arise when a couple separates include the division of family property, custody and access regarding children, child support, and spousal support. If you choose to seek a divorce, on any of these grounds, it is best to consult a lawyer who can guide you through the procedure of obtaining a divorce and settling the corollary issues that arise when a couple separates.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.

See lawyers listinsg on the Regina directory under Legal & Professional services.

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet!! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

REGINA – Stephanie Gabber’s excitement over buying a new home in Pilot Butte quickly wore off when she tried to develop her backyard and found a drainage ditch running through the property.