July 2020

BARE TRUSTS

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A bare trust, also referred to as a naked trust, exists where a person, the trustee, is merely vested with the legal title to property and has no other duty to perform or responsibilities to carry out as trustee, in relation to the property vested in the trust. The sole duty of a bare trustee would be to convey legal title to the trust property on demand of and according….

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Canada Revenue Agency, Courts, Estate Planning, Investments, Joint Tenancy, Property, Resulting Trust, Tax Issues, Trustee, Trusts, Uncategorized

Orphanos, Yathom = Losing Your Guide

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There are so many stories that I would like to share as I continue on this journey of losing a last parent.  This is actually quite a different experience than losing my father.  I have always said that relationships are complicated and certainly one’s relationship with a parent is even more dramatic and life impacting than any other. I will however try to generalize some themes and experiences that many….

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Elder Care

Indemnifying Trustees for Gross Negligence

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This week in the world of client requests in the context of family trusts, a client (the “Client”) considered appointing their child as one of the trustees of their family trust, however wanted to ensure that such child would not be liable for any error or mistake made by them as a trustee, including breaches of their duties as trustee brought about by their own gross negligence.  Assume for this….

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Uncategorized

Diminishing Capacity and Urge to Delay

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This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management As an Estate and Trust Consultant who works closely with financial advisors and their clients, I find myself being asked increasingly often to help clients whose capacity has become a concern. This seems to be an instigator as the advisor becomes aware that the client may no longer be able to understand their finances….

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Capacity Law, Contested wills, Estate Litigation, Estate Planning

Physical Restraint of Confused Seniors in Ontario Hospitals

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Section 7 of the Health Care Consent Act (1996)[i] provides direction for restraint and confinement in a care facility. It states: “This Act does not affect the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others.” Nonetheless, the Patient Restraints Minimization Act (2001)[ii] was passed in Ontario to discourage the use….

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Disability, Elder Care, Elder Law, Geriatric Care Management, Healthcare
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