February 2020

“It’s Not Fair”

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management If you have a child, you probably hear these words uttered ad nauseam. Whether it’s because little sis got to eat her grilled cheese sandwich with the crusts cut off or big bro gets to sleep over at his friend’s house overnight, the grass always seems greener on the other side of siblinghood. And,….

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Uncategorized

Clash of the Limitation Periods

The Limitations Act, 2002, SO 2002, c 24, Sch B, brought order and clarity to limitation periods in Ontario. However, the Limitations Act did not displace all existing limitation periods established by statute. The Limitations Act carves out several exceptions, including the Real Property Limitations Act, RSO 1990, c L.15 and s. 38(3) of the Trustee Act, RSO 1990, c T.23 (see ss. 2(1)(a) and 19(1) of the Limitation Act)…..

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Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Property, Real Estate, Spouse, Succession Planning, Trusts, Wills

Revocation of Wills

In the recent case of Sokalski Estate (Re), 2019 ABQB 285, the deceased left two wills one in 2011 and the other 2017, without expressly revoking the earlier one. The estate applied to the Court for a determination regarding which document or documents form the deceased Mr. Sokalski’s last will. The applicant representatives of the Estate were the deceased’s sons.The respondents were the deceased’s daughters. The parties were unable to….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Investments, Uncategorized, Wills

Loving Again After Loss

As we head into the month of February, I  look forward to longer days and more sun shine. This month also reminds us that Valentine’s Day is around the corner. It is hard enough to find true love and to find it for a second time (or third time), is a wonderful thing. The topic of today’s blog is love after loss. Specifically, older individuals enjoying another meaningful, satisfying and….

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Elder Care

Estates Law and Privacy Law: An Incomplete Intersection (Part I)

Estates Law and Privacy Law: An Incomplete Intersection (Part I) This is the first entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I will focus on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Succession Planning, Uncategorized, Wills

The Unlikeliest of Events – A Helicopter Crash

This blog was written by Justin Ecclestone, Associate Estate and Trust Consultant with Scotia Wealth Management As a member of the Estate Consulting Team at Scotia Wealth Management, I find myself speaking with clients about how to avoid and protect against the worst-case scenarios. Let’s look at a common scenario. A couple hold all assets jointly and plan to provide for children and grandchildren on the death of the second….

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