November 2023

Will We Need to Start Remembering the “Right to be Forgotten”?

Some myosotis flowers, colloquially known as "forget-me-nots". I thought these would be appropriate for this blog post.

Pictured: Some myosotis flowers; colloquially known as “forget-me-nots”. I thought these would be appropriate for this blog post. In the estate planning world, we often see clients who want to be remembered for generations to come. For example, this could be through establishing a charitable gift, trust or foundation in their will; some people even find value in having some sort of organization, space or physical object named after them…..

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Courts, Estate Administration, Estate Planning, Executors, In the News

Does your Will reflect your wealth transfer wishes?

A sepia-toned scene photographed from above shows a magnifying glass, some photographs, a camera and lens, and an open notebook with a pencil laid across it. A pair of glasses lie in front of the notebook.

Today’s post was written by Diana Leopardi – Estate and Trust Consultant at Scotiatrust. What can be worse than having a Will that does not reflect your wealth transfer wishes…that is, not having a Will at all! Suppose you have a Will in place, it is prudent to ensure that your Will properly reflects your wealth transfer wishes. As a best practise we encourage our clients to review their Wills….

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Estate Planning, Separation, Wills

Factors to Consider when Rebutting the Presumption that a Lost Will was Destroyed by the Testator

Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP The original copy of a last will and testament is lost and cannot be found… now what? Losing an original copy of a will does not necessarily mean that it is no longer legally binding or invalid. Where a copy of the original will exists, a party may make an application to the court to have….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Uncategorized

Aging in Place 2: Access to Online Health Information

Two people look at health information on a smart phone.

Many older people are choosing the option of ‘aging in place’ at home, and as they age, some will have complex health care and personal care needs. To effectively plan for care and manage the care journey, the person responsible for managing their care will need easy access to secure online health information that is available anywhere, anytime, on any device. The previous blog in this series, entitled Aging in….

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Caregiving, Elder Care, Elder Management, Geriatric Care Management, Healthcare, Smart Ageing

Taking Back Control of Real Property

It is important to consider estate planning objectives when entering into real estate transactions. For example, a client may intend to retain control of real property in that they intend to be able to dispose of it on death. However, if the relevant estate planning objectives are not identified and considered at the time of the transaction, other goals may be prioritized instead; this may result in the structure of….

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Estate Administration, Estate Planning, Property, Real Estate

Identifying Dependants

This post is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Individuals have considerable testamentary freedom in Ontario (and other provinces). The ability to distribute an estate how you choose, is a common law principle that is deeply entrenched. In Ontario, and most provinces, the court has limited ability to interfere with a testator’s private testamentary dispositions. As the Court of Appeal in Spence stated, “no one is….

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Dependant Support, Elder Care, Estate Planning
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