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Lucke Barth Law

As a small specialized practice, we focus on client satisfaction. Our philosophy is that we need to provide each client with the best customer service possible. This is done by assuring ever client that their matter is of utmost importance to our office. We regularly ensure that all clients are up-to-date on their matters. We also provide each client with a number so they can reach their lawyer directly should they have any questions or concerns.

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Jul
17

Holograph Wills

I see from our website that somebody has been searching for information on holograph wills.  In Saskatchewan holograph wills are still legal.   I don't recommend it, but it is still legal.

Section 8 of The Wills Act, 1996, states:

Holograph Wills

8. A holograph will, wholly in the handwriting of the testator and signed by him or her, may be made without any further formality or any requirement as to the presence of or attestation or signature by a witness...

Jun
30

Misrepresentation on Property Disclosure Statement

Topics: General

I sometimes get calls from home buyers who discover that there are problems with the used house they just bought.  Often the problem relates to water in the basement and the Property Disclosure Statement from the Seller states that there are no known issues.

The first thing to do is contact your Realtor and see if there is anything the Seller is willing to do to compensate you.

If the Seller is not willing to compensate you, your only remedy is to sue the Seller for misrepresentation...

Jun
23

Separation Agreements

 

When separating from your spouse fighting in Court is an expensive proposition for both parties.   It is much faster and easier to agree than to spend tens of thousands of dollars on lawyers and Court costs.

Separation Agreements also have the advantage of certainty, you know the end result, right now.   After months or years of fighting, at Trial a Judge imposes a decision on both parties, and often neither party is happy with it.

Separation Agreements can specify Child Custody, Access, Child Support, Children's expenses, Spousal Support (or lack thereof), and division of Family Property...

Jun
06

Family Property

Topics: Family Law

There is a common misconception that family property is divided 50/50 on separation.   That is only partly true.

You get to keep the family property you had before marriage, and only the increase in value during the period of marriage is divided.   For example, if you have a $10,000 RRSP when you get married and it is worth $15,000 when you separate, only the $5000 gets divided.

The exception is the family home and household goods.   The family home and household goods are divided 50/50 no matter when they are acquired...

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