For the past four years I have been a regular contributor to the All About Estates blog. Although I have thoroughly enjoyed being part of this collaborative process, this will be my last blog post entry. I have enjoyed working as part of the All About Estate teams and sharing our views. I will be continuing to blog regularly on estate law and related topics on the Sweatman Law Firm….
A fond farewell Continue Reading »
Estate PlanningBy now most of us have heard that the Trudeau government is asking the Supreme Court to grant a six months extension to the deadline imposed last year as part of the Carter decision (see 2015 SCC 5). What this means is still unclear but adds to the speculation that the Trudeau government will be doing something about this issue – after further consultation, rather than just letting the Criminal….
Update on End of Life Continue Reading »
Capacity Law, Elder Care, Elder Law, Estate Planning, Geriatric Care Management, Power of AttorneyDigital assets was an interesting topic of conversation at this month’s OBA Brown Bag Lunch (BBL) session. Digital assets usually refer to virtual or intangible assets and can range from blogs to Air Miles to online accounts (i.e. financial, Facebook, YouTube, etc.), to online gaming assets such as in virtual life games. In 2013, a McAfee survey reported that Canadian consumers estimate the value of their digital assets at being….
The Virtual Estate Continue Reading »
Estate PlanningBeing a provincial jurisdictional issue, health care reform was not a hot button topic during the media’s election coverage. But health care issues and reform are fundamental to the current issues facing our governments, be that at the municipal, provincial or federal level. “Home Care,” that is, support services for those living in their home, is a particular area in need of attention given our aging population. Home care appears….
Home Care Reform Continue Reading »
Estate PlanningIn Burkhardt v. Burkhardt Estate, 2015, the Ontario Superior Court addressed the issue of common habitual residence to determine the wife’s entitlement to her husband’s estate, and in doing so, highlighted the interplay of Family and Estates law in Ontario. The testator, Walter Burkhardt was an entrepreneur who left Germany for Ontario to start a winemaking business. His wife, Irene Burkhardt, refused to join him and continued to reside in….
International Couples, Beware! Continue Reading »
Estate Planning, SpouseThere has been a fair amount of discussion about the new rules starting January 1, 2016, and the tax treatment of charitable gifts after the death of an individual will change significantly. What about the impact on estates that are in litigation? Now, when a gift is made “by will” to a qualified donee the gift is deemed to have been immediately prior to the death of the individual with….
