May 2016

Does the Timing of their Father’s Death Disinherit Them?

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In Royston et al v Alkerton et al, 2016 ONSC 2986 (CanLII) the estate trustees of Recia’s estate sought the court’s advice and direction to interpret her will. Recia had five children. Two of them, Alan and John, predeceased her. Alan had two children; John had none. Subsequent to Alan and John’s death, Recia made a will with the following provision: My Trustees shall divide the residue of my estate….

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Estate Litigation, Trustee, Wills

PERSONAL TAX SYSTEM FOR SENIORS: A PERSPECTIVE FROM THE CRA

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Last month, a fellow blogger Audrey Miller wrote on care expenses and services in general which may be eligible for a tax credit in one form or another. Co-incidentally the Canada Revenue Agency (“CRA”) was recently asked to comment on the tax system overall as it applies to seniors and gave some of their perspective. The taxpayer making the enquiry to the CRA was concerned about seniors who pay for….

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Canada Revenue Agency, Costs, Disability, Elder Care, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Geriatric Care Management, Guardianship, In the News, Power of Attorney, Tax Issues, Trustee

DNR Order Confirmation Form – A Directive is Not Enough

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Clients who have strong preferences regarding their personal care sometimes include wishes or directions for their attorney to follow in making health care decisions on their behalf. These wishes or directions may include the client’s desire that the hospital refrain from administering CPR or other resuscitation. In addition or alternatively, a client undergoing treatment may have a conversation with his or her health care team regarding resuscitation and a Do….

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Estate Planning, Power of Attorney
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