In my last blog, I described the Court’s expectation for confirming a finding of incapacity: namely, that compelling evidence is required to override the presumption of capacity. Such evidence may include corroborative information. However, the Court has warned assessors to be alive to the presence of improper motives of informants…
Happy 2024 everyone! The start of a new year is often the impetus for individuals to revisit their estate plan.[1] While this is a worthwhile exercise, it’s important to remember that there are several other key moments that may occur at any point during a given year that should give…
It’s About Time: When to Review Your Will and Estate Plan Living our daily lives, we are not constantly thinking about our wills and our estate plans. There are usually certain events which bring these subjects top of mind. There are certain events or times in our lives that should…
There are a few occasions when you want someone who is not you to have as much money as possible. The first situation is when you are a beneficiary of their estate. The second situation is when you seeking an equalization payment under the Family Law Act. In both situations,…
Andrew Coates, Associate, Gowling WLG (Canada) LLP The potential tax implications of estate trustees finding themselves holding taxable preferred shares (“TPS“) owned by a deceased and the “substantial interest” exception for Part VI.1 tax was explored previously in the March 2, 2021 post, but TPS is a complicated subject so…
For thousands of years, it has been a tradition for people in the Western world and some in the East to set New Year’s resolutions. Many see their resolutions as a refreshing start to the New Year – in with the new goals and out with the old. As we…
This Blog has been written by Darren Lund, Partner at Fasken LLP As we turn the page on 2023 and look ahead to 2024, the cost and availability of housing continues to be a pressing issue for many Canadians. While there have been some recent headlines that suggest the housing…
As the holiday season draws to a close, and the cheese supply in my fridge appears to be finally exhausted, I find myself wondering who among us (or among our clients) – has had that sort of holiday season that has them ready to update their will and undo the…
A guardian or attorney for personal care has a duty to make decisions in accordance with an incapable person’s wishes or instructions as they were when the person was capable. The guardian or attorney also has an obligation to try and ascertain such wishes and instructions. If it is impossible…