September 2024

In Retirement Lifestyle Planning, Choose the Village Effect

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Spain is near the top of the list of Canadians who want a European retirement base, and Madrid is one of my favourite cities. The weather is one of many advantages to spending time in Madrid, so I decided to revisit it earlier this month. Older Canadians are back to travelling and searching out different lifestyles at pre-pandemic levels. While some wealth is being transferred from Baby Boomers to Gen….

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Caregiving, Elder Management, Smart Ageing

Never Underestimate the Value of the Small Things… in Will Drafting

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This blog has been written by Karen La Caprara, Counsel at Fasken LLP. It can be easy as a will-drafting lawyer or clerk to approach drafting a will in the same manner as drafting a commercial contract. Like a commercial contract, it is critical that a will does what it is intended to do, provides a clear path to get there and includes options for various eventualities, all in a….

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Uncategorized

Empowering families: protecting the ones that need it the most

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Many of us are speaking to our clients about estate planning or supporting clients who are speaking to their other advisors about estate planning.  Have you thought about the questions that we pose to such clients.   Have you thought about your estate plan? Is  your will drafted as per your wishes and needs? Do you have a power of attorney in place? Who will do what in case something comes….

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Caregiving, Disability, Estate Planning

Moral Obligation vs Testamentary Freedom: Which Should Prevail?

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*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* Testamentary freedom is a guiding principle in Canadian estates law. It operates under the presumption that individuals are free to dispose of their estate however they see fit. However, testamentary freedom is not an absolute right. It is subject to statutory limitations that vary between provinces. In Ontario, these limitations are imposed by the Succession….

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Uncategorized

LCGE for Sole Proprietors – When the Exception Makes the Rule

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This article is written by Nicole Ewing, Director, Tax & Estate Planning, TD Wealth As professional advisors, we often speak in generalities and paraphrase rules to make our complex worlds more accessible to our clients. But there’s a risk in this oversimplification – sometimes important exceptions become unknown and worse, underutilized. For example, when we consider succession planning options for business owners, the Lifetime Capital Gains Exemption (LCGE) invariably takes centre….

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Estate Planning, Small Business, Tax Issues

Lam v Law Estate: Gender bias permits variation of discriminatory will

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Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s bias did not meet contemporary standards of fairness. The testatrix was survived by her two independent adult children, her son….

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Capacity Law, Caregiving, Compensation, Contested wills, Courts, Dependant Support, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Succession Planning, Uncategorized, Wills
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