November 2015

The Virtual Estate

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Digital assets was an interesting topic of conversation at this month’s OBA Brown Bag Lunch (BBL) session. Digital assets usually refer to virtual or intangible assets and can range from blogs to Air Miles to online accounts (i.e. financial, Facebook, YouTube, etc.), to online gaming assets such as in virtual life games.  In 2013, a McAfee survey reported that Canadian consumers estimate the value of their digital assets at being….

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Estate Planning

I will survive, then again, you may survive

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 A testator should, for the most part, be able to read and comprehend the terms of his or her Will. Yet even a Will drafted in so called “plain English” may contain a couple of terms or phrases (“issue”, “per stirpes”, “in specie”) with special meaning and/or not used in everyday discourse. Likewise most well-drafted Wills contain a number of clauses the purpose or meaning of which may not be….

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Estate Planning

Pre-Death POA Disputes

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I have no statistics on this, but anecdotally, I have had many conversations lately with fellow estate litigators who have noticed the same recent trend in their practices.  That rather unseemly development is this:  expectant beneficiaries no longer wait until a person is dead to start fighting over inheritance money.  In more and more cases, the fights begin while the testator is still alive. A case decided earlier this month,….

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Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee Disputes

Tis the Season For Giving – Encouraging CRA Commentary for Charitable Giving by Spouses

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Those of us in Toronto this morning woke up to… snow! The weather is a picturesque reminder that the holiday season is nearly here. For many, December inspires consideration not only of what gifts to make to family and friends, but also of what gifts to make to charity…..

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Estate Planning

Please Pass The Gravy

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Many families will be traveling this week for the American Thanksgiving holiday. If you live in a different city than your parents, the time spent together during the holiday can allow you to see how well they are managing. Be aware of the small things and things that are different. For example, are you noticing weight loss, balance issues, is Mom now finishing Dad’s sentences because she always has or….

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Disability, Elder Care, Family Conflict, Geriatric Care Management, U.S. Citizen
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