February 2017

Digital Estate Planning – Part 1: Digital Assets: to Preserve or Destroy

Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. Last year, we wrote about the steps that owners of digital assets should take to preserve assets and ensure a smooth transition of such assets to executors and beneficiaries. Here are some more thoughts on the topic of digital assets. iTunes library, Kindle store purchases and other digital purchases: increasingly, iTunes libraries and Kindle book collections have replaced….

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Uncategorized

Approving Donor Recognition

Charities like to name things after donors.  Simply, big gifts mean more prominent “naming opportunities”.  Ontario’s Minister of Health recently issued a directive to hospitals stipulating that they can’t rename existing hospitals in recognition of donations.  Is “naming” a risk for major donors?  What are the estate planning implications? Ontario’s New Rules First, let’s look at Minister Eric Hoskin’s directive.   It says the new hospital name “must not include the….

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Uncategorized

Medical Emergency Cards – A Logical Follow-up to POAPCs

As regular readers know, we occasionally invite guest bloggers to contribute to All About Estates  Today’s blog was written by Norman Bowley, a partner and chair of the Estates and Succession Group at Low Murchison Radnoff LLP . In my wallet you will find a plastic card the size of a credit card or driver’s license. It’s all dressed up with our firm’s logo, but it’s what it contains that’s important. Across….

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Elder Care, Estate Planning, Geriatric Care Management, Interest, Power of Attorney

Multiple testamentary trusts for tax purposes: Are they always treated as one?

This issue was recently tested in Court with a “bittersweet” result. Three testamentary trusts were created for 3 children in the late 2000’s. Their mother was an income beneficiary in each trust, and entitled to receive all the net income derived from each trust during her lifetime. A child and his/her children were income and capital beneficiaries of each respective trust and would be paid the net income after their….

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Canada Revenue Agency, Estate Administration, Investments, Property, Resulting Trust, Tax Issues, Trusts, Uncategorized

6 Big Ideas, “Better Now” by Dr. Danielle Martin

I recently had the pleasure of listening to Dr. Danielle Martin address health care system challenges faced by Canadians daily.  In her book Better Now   Dr. Martin explores ways to make Canadian health care better. Dr. Martin is a family doctor and practices in the Family Practice Health Centre at Women’s College Hospital where she is also the Vice-President of Medical Affairs & Health System Solutions. Her 6 main ideas….

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Disability, Elder Care, Elder Law

Obtaining Administration Bonds Versus Dispensing with Administration Bonds

An administration bond is a promise to the court, with a surety, that the executor of an estate will be honest in performing his/her duties in the administration of the estate and in distributing the property of the estate to the beneficiaries. It protects the beneficiaries and creditors of the estate in the event of an improper administration of the assets of the estate. Under the Estates Act, R.S. O…..

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