September 2017

Further Reform Needed to Support Disability Benefits Recipients

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As my fellow bloggers have recently written, changes have been made to the Ontario Disability Support Program (“ODSP”) effective September 1, 2017, three of which are of particular importance for estate planning purposes: The amount a benefits recipient can receive in the form of gifts, trust distributions, and life insurance proceeds (“voluntary payments”) has been increased from $6,000 per year to $10,000 per year; The benefits recipient can receive a….

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Disability, Tax Issues

The HCCA and Presumption of Capacity to Consent to Treatment; Principled but Flawed

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Capacity to make treatment decisions in the Health Care Consent Act (HCCA)[i] refers to an intact ability to understand information that is relevant to making a decision to a proposed intervention and equally important the ability to appreciate the reasonably foreseeable consequences of a decision or a lack of decision. In order to be capable, an individual must satisfy both parts of the definition. Informed consent for a proposed treatment….

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Capacity Law, Elder Law

Control in the Valuation of Business Interests for Estate Planning

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From time to time, I am asked to prepare, review or comment on structures for estate planning purposes with a mind to valuation issues. A common valuation issue is control and whether or not the value of the business interest(s) in the estate plan should be discounted for lack of control or should have premium attached to it because the holder of the business interest(s) do(es) have control. Valuators rely….

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

September is Alzheimer’s Awareness Month

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September 21 was World Alzheimer’s Day. The Public Health Agency of Canada notes that more than 402,000 seniors (65 years and older) are living with dementia and this a number that will continue to grow. Dementia is the plague of the 21st century and we don’t yet have a cure. It will impact all of us and countries around the world are developing Dementia strategies to address this growing health….

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Caregiving, Charitable Giving, Elder Care

“Unlucky But Not Unfair”

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An interesting case recently appeared in the Ontario Reports that highlights a risk in making an inter vivos gift of cash using a cheque, particularly where the donor is near death. In the case, Teixeria v. Estate of Markgraf et al., the donor, Mary Markgraf, was nearing her death. She continued to have capacity to make a will as well as inter vivos gifts. As part of her planning, Mary….

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Uncategorized

Taming the Cottage Gremlins with a Non-Profit Organization

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This Blog was written by Carol Willes, One of our family’s favourite pastimes at the cottage is to build a roaring campfire and spend the evenings telling stories, singing along to guitar tunes and roasting the occasional marshmallow. Every so often, however, some unwelcome visitors show up and crash our campfire bliss. This generally happens when the fireside conversation turns to the future of the cottage once mom and dad….

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Cottage, Estate Planning, Family Conflict, Succession Planning, Uncategorized, Wills
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