Scotiatrust

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For over 100 years, Scotiatrust® has helped Canadians preserve and transfer their wealth. Together with your team of specialists, we work to understand your achievements and help you connect them, so your wealth makes the meaningful impact you want. We also help you make important decisions sooner and ensure they’re followed when you’re unable to do so yourself. We are a team of highly experienced, hands-on professionals and we view it as our responsibility to ensure our clients have addressed all relevant issues and that their wishes are followed throughout and beyond their lifetime, helping them to live well and leave well.

I Would Like Exculpatory Clauses and a Side of…

Exculpatory clauses or indemnity clauses in wills and trusts are common forms of protection provided to the trustees by testators and settlors. When a trustee is appointed under a testamentary or inter vivos trust document to administer and manage an estate or a trust, some consider it to be an honour and a privilege.  Unfortunately, the reality of the office of the trustee is often fraught with inexperience, lack of….

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Estate Litigation, Estate Planning, Executors, Wills

A Reminder of the Importance of a Cy-Près Clause

As an estate planning professional, philanthropy is a great tool in your toolkit. However, if your client intends to incorporate philanthropy into their estate plan, the importance of including a cy‑près clause in their Will cannot be understated. If there is no cy‑près clause in the Will and the charity has ceased to exist, an application to the Court must be made for direction as to whether the gift has….

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Charitable Giving, Courts, Estate Administration, Estate Planning, Philanthropy/Charitable Giving

Financial Fraud Against Older People: what are banks doing about it?

“Your credit card starting with 4567 has been locked due to suspicious activity.  To restore access to your account, please verify your information using the link below.”  Older people are 33% more likely to lose money in a scam than any other age group, according to Elder Abuse Prevention Ontario, and only 5% of victims report it to the police.   Once someone has been defrauded, they are likely to be….

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Elder Care, Elder Management, Interest

The International Estate Plan

A Will in every Port The laws of succession, probate, and property differ from country to country, state to state and jurisdiction to jurisdiction. As such, a prudent testator should consider having a Will in every jurisdiction where they own property. Certainly, there are methods by which a domestic Will can be used to handle foreign assets (or the other way around) through ancillary probate processes however, this can be….

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Estate Administration and Probate Applications, Estate Planning, Executors

A Will of Its Own: Additional Wills for Unusual Assets

Using “dual wills” as part of an estate plan is a well-established and frequently used strategy in Ontario and across Canada. This involves the execution of two wills. A Primary Will that deals with estate assets which cannot be distributed to a testator’s beneficiaries without a Certificate of Appointment of Estate Trustee (formerly “probate”), and a Secondary Will that deals with assets that can be distributed without the requirement of….

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Business Succession Planning, Estate Administration and Probate Applications, Estate Planning, Wills

Empowering families: protecting the ones that need it the most

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….

Empowering families: protecting the ones that need it the most Continue Reading »

Caregiving, Disability, Estate Planning
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