All About Estates

Month: August 2020

Total 18 Posts

The Impact of Medical Assistance in Dying on Life Insurance and Some Other Mentionables

A question that I have heard asked a few times recently is: How would Medical Assistance in Dying (“MAID”) affect my life insurance policy?  It’s an interesting question and certainly something that should be considered in the context of estate planning where the proceeds of a life insurance policy play…

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Gift Ideas for the Freshman in the Family

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotia Wealth Management As we approach mid-August, many students (and parents) have turned their minds to the new school year. Although this year post-secondary education may look slightly different for many students with the switch to online learning, it…

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Beware of the “Zombie” Deed

In Thompson v. Elliott Estate, 2020 ONSC 1004 (CANLII), the Court considered the validity and effect of a “zombie” deed signed by a transferor while alive in order to convey an interest in land, but not registered on title until after the transferor’s death. The Facts: Alitha Elizabeth Elliott and…

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Definition of (Essential) Family Caregiver

While we are still learning how best to live under the threat of either spreading or catching Covid, our long term care facilities are starting to also figure this out.  See: https://www.allaboutestates.ca/family-essential-visitors/ With  80% of all COVID deaths having occurred in LTC facilities, this is definitely too late for many…

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Estate Planning for Tattoo Artists

It’s critical for anyone planning an estate, whether their own or someone else’s, to do a comprehensive analysis of anything that could be considered property of that estate upon the testator’s death. After all, section 2 of Ontario’s Succession Law Reform Act states that a “person may by will devise,…

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Where There’s a Will, There’s a Way: Virtual Witnessing and Undue Influence During COVID-19

This blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However,…

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Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls

The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust.

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Estate Planning for the Family Cottage

Much has been written in this blog space and many others on this topic. Several times a year (in some years more often than others), we are asked in our practice about to advise on succession or estate planning issues for the family cottage. I was recently alerted to a…

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