June 2014

I am very pleased to join the Allaboutestates blog to add a perspective on the role of the physician in estate matters. I recall vividly the first time I was asked in court: “Dr. Shulman, in your opinion did Mr. X have testamentary capacity at the time he executed his last Will?” Before I could answer, the judge lowered his reading glasses and looked down at me from above and….

I think it is safe to say that the concept of “family” is a foundational principle in estate planning. I think it is also safe to say that, when asked, all of us would have a very clear understanding of what is meant by the term “family”. Unfortunately, unlike “children”, “issue” and other well-defined relationships, the word “family” is not a legal term of art. Its meaning is inevitably dependent….

My fellow blogger, Jasmine Sweatman addressed the important question of why people are reluctant to appoint powers of attorney. In her May 29, 2014 blog she wrote: “Quite often clients believe that if equally ranked substitute decision makers disagree, then either the majority rules or the eldest is given decision-making authority, which is not the case. Equally ranked substitute decision makers must agree and, if not, they must resort to mechanisms….

I am drawn to cemeteries. Even on vacation they pull me in. What I find compelling is the stories they tell, although individual stones are often frustratingly vague. The stories are most eloquent when they are layered on top of each other — leaving traces of complex, lost communities. Founded in 1845, the Hong Kong Cemetery is particularly compelling spot, which I hope this short video reveals. A neighbour of….