October 2019

Trick or Treat – Estates Edition

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This blog was co-written by Frederick Krueger Imagine you’re the executor of a horror writer’s estate. Everything is going to charity, except for his amazing summer house, which has been left to his ex-wife. The couple had a very messy divorce, but the ex-wife loved that home more than anything. The will says, “I hope this gift makes up for all the pain caused over the years.” Hmmmm…And oh yeah—the….

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Uncategorized

“Death be not proud, though some have called thee mighty and dreadful, for thou are not so…” – John Donne

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It is never easy when a loved one dies. Only adding to one’s grief is the fact that the administrative tasks to deal with a death can be complicated. There is any number of loose-ends to address and specific steps to take to bring finality to a life well-lived…..

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Caregiving, Elder Care, Estate Administration, Estate Planning, Executors, Funeral Planning, Geriatric Care Management, Spouse, Succession Planning

Dementia and MAID

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Medically assistance in dying (MAID= Bill C14) for eligible Canadians was passed by federal legislation in June 2016.  To recap, eligibility includes: Being 18 years and older and mentally competent Having a grievous and irremediable medical condition Making a voluntary request for MAID that is not the result of outside pressure or influence Providing informed consent. Grievous and irremediable has been defined as: Having a serious illness, disease or disability….

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Elder Law, In the News, Medical Assistance in Dying, Uncategorized

Alberta’s Supported Decision-Making Authorizations

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This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management We’re all familiar with Wills, Enduring Powers of Attorney and Personal Directives but have you heard of Supported Decision-Making Authorizations (SDMAs)? SDMAs are available in Alberta for adult individuals who have mental capacity but may require assistance from a friend or family member when interacting with health care professionals. It can be particularly useful….

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Contracts, Disability, Elder Care, Healthcare, Uncategorized

Interim Support and the “Bare Minimum”

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Should a widow have to deplete her meager savings and income before being entitled to interim dependant support from her late husband’s estate? In Anderson v. Anderson, 2019 ONSC 5627 (CanLII), the court’s answer was unsurprisingly “no”. The deceased had been married to his second wife for almost 20 years. Both had children from their previous marriages. Under the deceased’s will, his widow was the estate trustee and could live….

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Dependant Support

Trustee’s Personal Liability – It Could Go on for Years!

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Take the case of Estate of Ronald Alfred Craymer v Hayward et al, 2019 ONSC 4600, The Craymers were married in the 1980’s. It was a second marriage for Mrs. Craymer and a fourth marriage for Mr. Craymer. At the time of their marriage, Mrs. Craymer had three adult children of her own and Mr. Craymer had four adult children. The Craymers were married for thirty-two years until Mrs. Craymer….

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Capacity Law, Estate Administration, Executors, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Spouse, Trustee, Uncategorized
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