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.

Patents as Estate Assets

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Patents What is the symbol of a true gentleman, if not his moustache?  The moustache guard was patented in 1876 to protect the user’s moustache during holiday feasts.  It was described in the patent application as a “curved and concave shield, which may be made of vulcanized rubber, metal or any other suitable material” and it promised to keep moustaches out of harm’s way while the user (inevitably) overindulged during….

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Estate Planning, Executors

The internet has transformed the way we live our lives. Should it transform our Powers of Attorney too?

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A report released in early 2024 reported that the average adult internet user spends six hours and 40 minutes every day online.[1] The typical social media user spends just shy of two and a half hours on social media per day.[2] Though some internet and social media use can of course be beneficial – driving social connections, providing educational opportunities, fostering creativity, to name a few – they have a….

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Estate Planning, Power of Attorney

Gifting and Gift-Overs: Remember to include gift-overs this holiday season (and always)

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Law school requires reading an abundance of case law. I am sure that most lawyers have a few memorable cases that standout from their time in class (Lord Denning; the ginger beer snail etc.). There are cases that have stood the test of time; cases that caused a momentous shift in an area or aspect of law; and cases that have been in the news media and public discourse in….

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Charitable Giving, Estate Planning, Philanthropy/Charitable Giving

Digital Game Ownership Means No Ownership?

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Some of you may have read the article written by my colleague, Demetre Vasilounis, back in June of this year about Valve’s incredibly popular game distribution platform, Steam. The platform is selling their games as licences, not as owned games, much to the surprise of the gaming community. This was a spark of many discussions found on Reddit, and Steam’s own discussion forums. If you haven’t read the article, I….

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Estate Administration, Estate Planning, Executors

I Would Like Exculpatory Clauses and a Side of…

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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

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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
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