June 2022

The Other COVID “Longhaul”? Estate Planning Sequelae of Irregular Document Execution

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This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  As we emerge from the Covid restriction era and a new normal comes into focus in our day-to-day lives, new symptoms and side effects of Covid are coming into view. In the estate planning realm, in particular, the effects of irregularly signed documents are upon us. As the initial lockdowns of March 2020 took over, practitioners….

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Estate Litigation, Estate Planning, Wills

Ordering a Capacity Assessment When it is Resisted

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Section 105 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and s. 79 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 provide the court with authority to order a capacity assessment, even when the individual objects. It is an extraordinary power but not one that is utilized lightly by the court. A recent decision of the Superior Court of Justice serves as good reminder and review….

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Capacity Law, Uncategorized

The evolution of trust drafting

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A trust indenture established today looks nothing like a trust indenture established 10 or 20 years ago. The evolution of trust drafting, and the rigid legalese once used for trusts has given way to language that better anticipates the myriad of potential scenarios typically faced by today’s clients. This evolution in trust language is most noticeable when reviewing the modern beneficiary clauses. Evolution of trust language Trusts have always contained….

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Business Succession Planning, Trusts

Summer time and the living is easy- but only if you plan ahead.

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Are you planning any summer holidays?  Are you travelling alone or with your family?  Should you decide to vacation with your older parent, there are some pre planning tips that can make this journey more enjoyable for both of you. Firstly, know what type of holiday would be best for everyone. Extensive touring, outings, or excursions can be tiring for older individuals. There are some senior friendly travel agencies which….

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Digital Assets: Spotlighting Client User Considerations (Part I)

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Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. It has become clear that the “wait and see” approach to digital assets and digital currency has now shifted to a need for prudent guidance and action by advisors and institutions. According to CoinMarketCap, the total market capitalization for all cryptocurrencies is just under 1 trillion and in 2021 it was at 2 trillion dollars. Though….

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Contracts, Estate Administration, Estate Planning, Property, Succession Planning, Uncategorized, Wills

Where There’s a Will, There’s a Digital Way: Part #1

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This blog was written by Ardena Bašić The stereotypical will everyone imagines usually consists of aged scrolls, fine black ink and sophisticated language such as “henceforth” and “thereafter.” However, in our increasingly digitized world, a new type of estate planning has arrived. Online, digital and electronic wills are increasingly rising in prominence, and are on track to become far more common than the aforementioned ‘founding fathers style’ scroll. In fact,….

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