Take the stairs but don’t fall down, falls prevention is all around.
Take the stairs but don’t fall down, falls prevention is all around. Continue Reading »
Estate PlanningJune 2011
Red Flags for Incapacity
As professionals, we need to be alert to signs of incapacity in our clients, and we need to remember that some barriers to communication may look like signs of incapacity…..
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Capacity Law, Elder Law, Estate PlanningCoffee, Bicycle, Purse
There is no global test for capacity. Capacity is a task specific concept. The threshold capacity for making a Will is not necessarily the same as may be required for managing a simple bank account or for providing investment instructions in respect of a multi-million dollar portfolio. What should we be looking for when dealing with older clients wishing to prepare a Will?….
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Capacity Law, Estate Planning, U.S. Citizen, United States, US TaxesNewell v. Newell: Full Indemnity Costs Awarded to Both Parties
In Newell v. Newell (2011 ONSC 3228), the court awarded full indemnity costs to both parties to a guardianship dispute, despite the fact that neither party was wholly successful and the application and cross- application had become moot as a result of the death of the incapable mother…..
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Capacity Law, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship DisputesTrust and estate account numbers
More often than not the lost items relate to trusts and estates which have made filings without an account number. If and when found by the CRA, the agency would look to assess penalties and interest for late submissions…..
Trust and estate account numbers Continue Reading »
Canada Revenue Agency, Estate Planning