February 2019

Two Isn’t Always Better Than One: The Perils of Joint Accounts

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This blog was written by Lara Besharat Earlier this month, a Toronto-based FinTech company launched a new feature for their app that aims to simplify the process of creating and maintaining a joint account. The app allows for joint accounts to be created and managed entirely via your mobile device, and, with equal power over the account, users can send e-transfers, deposit money, and reload the account with the pre-paid….

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Estate Planning, In the News, Property, Resulting Trust, Uncategorized

Understanding the Role of Section 3 Counsel

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The recent case of Sylvester v. Britton, 2018 ONSC 6620 (“Sylvester”) provides an excellent review of the law regarding incapacity, attorneys for property and personal care, capacity assessments, and other issues which often arise in estate/capacity litigation cases. While the decision addresses many interesting points, this blog will focus upon the Court’s analysis of the role played by counsel appointed under section 3 of the Substitute Decisions Act, 1992 (the….

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Capacity Law, Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

When Cash is not King?

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Most people keep their cash in bank accounts. However, to my surprise, some people still don’t, and for estate planning and administration purposes, this can be a real problem. Take the case of Temple v. Peddle, 2019 NLCA 2 in Newfoundland Labrador. Mrs. Peddle kept cash in a safe deposit box under a joint account with Mrs. Peddle’s son Leo, who was ultimately appointed guardian of her estate. Leo claimed….

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Estate Administration, Estate Planning, Executors, Family Conflict, Geriatric Care Management, Investments, Trustee

A Lot of Plots or a Plot of Lots?

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Reading my colleague Diana’s blog of a few weeks ago, ‘Whose Land Is It Anyways’ ,  reminded me of my friend’s current challenge.   She owns a lovely piece of  prime real estate in a prestigious and sought-after location in mid-town Toronto (off Yonge Street) with a great view!  Sounds wonderful doesn’t it! However, she can’t exactly build there and there are a few stipulations such as the lot cannot….

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Canada Revenue Agency, Caregiving, Funeral Planning

Lifestyles of the Rich and the Famous… Or in this Case, One Rich and Famous Cat!

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. This week, the fashion world lost an icon with the passing of creative director for Chanel, fashion designer and artist, Karl Lagerfeld. While everyone reminisces about his work and the legacy he leaves behind, there is one other thing that people can’t stop talking about and….

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Uncategorized

Lights, Camera, Estates!

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The Oscars are on Sunday, and I think we can all agree that the best movies always revolve around estates and trusts. Just look at the plot of my favourite Best Picture nominee this year: After an eventful career and life, the family patriarch suddenly passes away. Heartbroken and feeling responsible, his son (our hero) struggles as he takes his father’s place. His father’s estate was massive and contained very….

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Contracts, Estate Administration, In the News
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