March 2018

A Trustee’s Duty to Disclose: A Recent Ruling from the SCC

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The Supreme Court recently released a decision that, while arising in the construction context, has important implications for estates practitioners. In the case of Valard Construction Ltd. V Bird Construction Co. (2018 SCC 8), a majority of the SCC found that, In general, wherever a beneficiary would be unreasonably disadvantaged not to be informed of a trust’s existence, the trustee’s fiduciary duty includes an obligation to disclose the existence of….

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Uncategorized

Domestic Contracts After Death

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Interesting things happen when family law and estates collide. Battles over domestic contracts and houses lead to discussions of past mistakes, life experience, and occupation rent. Such was the case in Psarros Estate v Cook. As with many estates litigation cases, the Court was asked to determine a broad range of issues. Three issues in particular should be of interest to estate litigators. The Marriage Contract Mr. Psarros and Ms…..

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Contracts, Estate Litigation, Joint Tenancy, Spouse, Succession Planning

SPOUSAL SUPPORT AND BEYOND?

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I was traipsing thru some estate journals and articles recently and I stumbled upon the reporting of a recent matrimonial case which gave me pause, and to many practitioners in estate and matrimonial matters, I am sure. Practitioners have long held the view that entitlement to spousal support under most matrimonial settlements do not survive the death of the spouse receiving the support.  As one Justice noted in a recent….

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Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, In the News, Separation, Spouse, Uncategorized

Supporting Caregivers, One Day At A Time

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Last week I had the  pleasure of presenting to a group of caregivers from the Alzheimers Society Kingston Frontenac & Addington chapter.  One thing that everyone in the group had in common was that they were all loving someone who had a diagnosis of dementia.  Just to refresh terminology, “dementia is a general term for a decline in mental ability severe enough to interfere with daily life. Memory loss is….

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Caregiving, Elder Care

Budget 2018 Extends “Qualifying Family Member” Option for RDSP’s

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On February 27, 2018 the federal government tabled its 2018 budget, Equality + Growth: A Strong Middle Class (“Budget 2018”). One of the budget items that has not received a lot of attention is the extension of the “qualifying family member” (“QFM”) provision for Registered Disability Savings Plans (“RDSP’s”). The “holder” of an RDSP is the person who opens the RDSP account. The holder is also the person who makes….

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Tax Issues

To Kill a Mockingbird, part II

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This Blog was written by: Natalie Bender   For many of us, Harper Lee’s acclaimed novel “To Kill a Mockingbird” was a staple on our high school reading list (and was likely one we re-visited in university). The novel is a Pulitzer Prize winner, and has become a classic in American literature. It has sold more than 40 million copies since it was published in 1960.   There has always….

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Elder Law, In the News, Uncategorized, United States
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