August 2017

What Gets Your Spidey Sense Tingling?

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If an older individual was brought to your law office by a non family member and they wanted to appoint the individual as POA for Property and Personal Care, would you be suspicious?  Or what about if the request was to either change a will or to make a will, naming this individual as a beneficiary? Would you be concerned then; and if so, what can you do? Would you….

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Capacity Law, Power of Attorney, Powers Of Attorney and Guardianship Disputes

The Honour of Being Named a Trustee?

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When you are appointed to act as a “trustee”, you are being asked to take on the control and management of property, but for the benefit of other persons, called the beneficiaries. The beneficiaries are usually family members of the person who established the trust.  The person who established the trust may have done so during their lifetime, in which case they are called the “settlor” and the trust is….

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Passing Of Trustees’ and Executors’ Accounts, Trustee, Trusts

A Brief Review of Solicitor’s Negligence

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Claims against solicitors for negligence often arise in the context of estates cases, whether it be the failure of a lawyer to ensure that a testator’s wishes are accurately reflected in his/her will, to neglecting to confirm the testator had the requisite capacity and was not subject to undue influence in executing his/her last will. This blog provides a general overview of the current law of solicitor’s negligence and the….

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Estate Litigation, Liability, Wills

Valuators – 2018 Might be a Very Good Year

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I mentioned in my last blog that the government is proposing measures to limit the application of the lifetime capital gains exemption (“LCGE”) to owners of eligible small business corporations, based on age and “reasonableness”. Subject to certain exceptions, the proposals ensure that property held by a trust will no longer be eligible for the LCGE. Under the current proposals, there are transition rules which will permit a one-time multiplication….

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Canada Revenue Agency, Estate Administration, Estate Planning, In the News, Investments, Property, Small Business, Succession Planning, Tax Issues, Trusts, Uncategorized

A Good Life & A Good Death

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A long time client of ours passed away last week.  She was able to remain at her own home and die in her own bed.  So many of us wish, when the time comes, that we could do the same.  We know this is not the ending place that most experience. This blog is about the community team that came together to support her. Mary (not her real name) was….

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Elder Care, Funeral Planning

Advertising for Creditors Just Became Easier in Ontario…Officially!

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Last year, a fellow blogger and colleague blogged about “NoticeConnect”, a service to advertise for creditors, which has been thought to be sufficient protection for estate trustees in Ontario. Last month, the Ontario Superior Court of Justice in the Mills v Dale judgment approved this service as an appropriate method to notify creditors and afforded liability protection under s. 53(1) of the Ontario Trustee Act (“Trustee Act”) to the estate….

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