Family Caregiver Day is Coming! 28% of Canadians provide care to a family member or friend. A little recognition can go a long way but a paid allowance may be better……..
Provincial Family Caregiver Day Continue Reading »
Elder Law, Geriatric Care Management, In the NewsMy colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might be helpful to expand upon the Court’s other finding in obiter dicta: that there is no automatic right for a….
No Right to Compel a Will be Proven in Solemn Form Continue Reading »
Contested wills, Estate Administration and Probate Applications, Estate Litigation, Testamentary Capacity, Undue influence, WillsCanadians are well aware that in Carter v. Canada[i] the Supreme Court struck down the provision of the criminal code against physician assisted death (PAD). In its decision, the Supreme Court set out the circumstances in which PAD is appropriate: (1) The person affected clearly consents to the termination of life; and (2) The person has a grievous and irremediable medical condition (including an illness, disease or disability) that causes….
The, seemingly constant, flow of bad news about aging bodies and brains can be depressing. On this site alone I’ve read many chilling facts and statistics on matters impacting our aging population. The prevalence of depression, the frequency and potentially dire consequences of falls and how the likelihood of developing Alzheimer’s or a related dementia increases exponentially as we age into our “senior” years, are just some examples that spring quickly to mind. So, it was with great interest….
Good news on the aging brain Continue Reading »
Estate PlanningDid you know that the services provided by a registered social worker are often covered by extended health care plans? This means we can provide a receipt for our services which may be reimbursed by your carrier…..
How Many Social Workers Do You Know? Continue Reading »
Disability, Elder Care, Geriatric Care ManagementIs the payment and discharge of a mortgage from the proceeds of a mortgage insurance policy to be taken into account in determining the “net value” of the estate for the purposes of determining a spouse’s preferential share? That was the question before the court in the recent case of Re Estate of Richard Lewis Crane. The deceased, Richard Lewis Crane (the “Deceased”), died intestate. He was survived by his….
“Net Value” and the Spouse’s Preferential Share On An Intestacy Continue Reading »
Estate Litigation