October 2019

Today is Election Day

Today is election day across Canada.  Voter turnout in the 2015 election for Canadians 65 and older was 83%.  We have a voice and one that needs to be heard and yes, we can make a difference. Like many readers of today’s blog,  I am a baby boomer and what I used to consider to be ‘old’ is no longer so.  My close friend who is healthy and active and….

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Caregiving, Elder Care, In the News

The Upcoming Federal Election: Changes that Could Affect the Advice Provided by Estate Planners

On Monday, October 21st, Canadians will go to the polls to elect the federal government. While the major parties’ platforms address many issues that are important to Canadians, there are several that will, in particular, impact the personal finances of Canadians and, ultimately, the advice provided by estate planners:[1] Personal Income Taxes All of the major parties have proposed changes to current tax rates: The Liberals have proposed tax cuts….

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Best Laid Plans: The Sculpture Fund

[caption id="attachment_11235" align="aligncenter" width="800"] Florence Wyle and Frances Loring, 1919.  Photo by Robert Flaherty[/caption]   Frances Loring (1887–1968) and Florence Wyle (1881–1968) were Canadian sculptors and life partners. In 1963 they prepared mirror wills to “assist and encourage Canadian Sculpture” through a testamentary trust, The Sculpture Fund.  Their beloved home, a Victorian church in mid-town Toronto, was to become a meeting place for sculptors and artists.  But after their deaths,….

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Estate Administration, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

One Will, Two Versions

Bayford v. Boese is an interesting case which serves as a reminder of the statutory requirements for due execution of a will. It also provides a thorough analysis of how judges dissect a witness’ evidence and generally determine who to ultimately believe at trial. Bruce Boese (the “Deceased”) was the sole owner of a 22-acre farm in Arnprior, Ontario (the “Farm”) when he died in June 2015. The Deceased executed….

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Contested wills, Credibility, Estate Litigation, Executors, Wills

When Your Property Is Not Really Your Property

This blog post is co-written with Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP. You might assume that all of the aspects of land within your property line belong to you, but that may not be the case. A recent British Columbia case, Douglas Lake Cattle Company v Nicola Valley Fish and Game Club, 2018 BCSC 2167, found that lakes, and the fish in it, are public property. The Douglas….

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Grateful…

This blog was written by Teresa Acs – Director, Professional Development & Process Excellence With Thanksgiving right around the corner, which nicely slides into the season of gift giving, I thought I would selfishly use this Blog to thank my colleagues. I got this idea at my local Starbucks (thank you awesome Scotia Plaza Starbucks team), where they invite patrons to jot down what they are thankful for. They even….

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