August 2023

Teamwork: An Essential Piece in Estate and Incapacity Planning

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This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management They say that “teamwork makes the dream work.”  In an estate and incapacity planning context, you will need to create a team to execute the vision you document in your Will and incapacity planning documents. This team could include: Executor(s); Power of Attorney(s) for Property; Power of Attorney(s) for Personal Care; Guardian(s) for Minors;….

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The Will Speaks from Death

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A Will Speaks from Death In VanSickle Estate v. VanSickle, 2022 ONCA 643, the Court of Appeal for Ontario considered the presumption that a Will is to be interpreted as if it had been written immediately prior to the death of the testator. Background  Dorothy VanSickle died in 2019 at the age of 95. She was survived by six children.  Dorothy and her husband had worked as school custodians, and….

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Appeals

Revisiting the “Rule of Convenience”

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Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5% to a lower rate of interest where the “rule of convenience” applies. Today’s blog will (i) provide a refresher on the….

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Estate Administration, Executors, Interest, Wills

‘Til death do us part … the bank accounts: A warning for common-law couples

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This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  Summer is upon us, in all its glory. After a pandemic hiatus, my calendar is dotted with weddings to attend for friends and family members. But is this summer spectacle going the way of the dodo? I don’t think so, but marriage is certainly on the decline in Canada. Statistics Canada reported last year that 2020….

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Reviving a revoked will

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It is quite common for a will to begin with a statement that all previous wills and codicils are revoked. This is done to ensure that only the will being executed at that time remains the valid will of the testator, and any prior testamentary instruments no longer desired will not end up being inadvertently  relied upon by a future estate trustee. Less well-known is that a previously revoked will….

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Estate Litigation, Estate Planning, Succession Planning, Trustee, Wills

Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

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It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities…..

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Capacity Law, Elder Care, Elder Law, Elder Management, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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