July 2014

Stay or Go™

I met with a lovely couple last week. They are both in the 80’s and have been living in their two-story home for the last 50 plus years. He has Parkinson’s Disease (PD) and has fallen several times. Luckily to date, he has not broken any bones or injured himself badly. He called our company because he knew that he and his wife needed assistance in understanding their options in….

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Estate Planning

The size and scope of social media is a challenge for estate planning

Facebook advise that they now have over 1.25 billion account owners. It is estimated that there are over 17 million users in Canada and the over age 65 age group is the fastest growing segment. It is also estimated that 30 million facebook account owners have died and 10% have memorial pages. These are very large numbers for something that is in its infancy. I have been following some of….

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Estate Litigation

Trust Created in Holograph Will Fails

A recent Court of Appeal decision from Alberta dealt with the interpretation of a holograph will.  The Court of Appeal upheld a lower court’s decision that the testator intended to create a trust but the trust failed since the objects of the trust were uncertain resulting in an intestacy.  The case serves as a good reminder that you should consult an expert to ensure your testamentary wishes are carried out…..

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Estate Planning, Home-Right

Shedding the Tax Light on a Blind Trust

A blind trust is a trust in which a settlor (who would also be the contingent beneficiary) reserves the right to terminate the trust but agrees to relinquish all other control over the trust i.e. administered and managed by others without updates, advice, instruction, or account to the settlor. Whether they are legislated to do so or not, individuals who hold public office use a blind trust for the duration….

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Estate Planning

Is it a Will?

The answer to this question depends on (i) the legal requirements regarding the formalities for making a Will and, (ii) when those requirements are not met, whether the court with jurisdiction over the Will is able to follow the doctrine of “substantial compliance”. In Ontario, in order for a Will to be valid it must either be a holographic Will or a formal Will. A holographic Will is one that….

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Estate Planning

Where to Go? Rise of the Senior Relocation Industry

There is a growing industry that provides relocation assistance to older adults and their families. A lot of seniors are turning to professionals to make informed decisions to avoid the costly mistakes and remorse that can accompany major lifestyle transitions. The guidance that is available covers such things as whether to move, where to live, potential financial implications, sorting personal items, assisting with decluttering, working with a realtor and mover….

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Estate Planning
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