In the matter of the Estate of John Ihnatowych, deceased

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This Blog was written by Jane Martin, Scotia Wealth Management In the matter of the Estate of John Ihnatowych, deceased[i] In late March of this year, a decision of Justice A. Sanfilippo was released, rectifying the will of the late John Ihnatowych (the “Deceased”). The decision prompted me to consider how best to identify beneficiaries in a will – is it better to use class descriptions or to use specific names….

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What Happens When One Joint Owner is in Debt?

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While the right of survivorship is often thought of as the defining characteristic of joint tenancy, joint tenancy is also defined by “four unities.” Justice Perell succinctly defined the “four unities” in Royal & SunAlliance Insurance Company v Muir, 2011 ONSC 2273: A joint tenancy is distinguished by what are known as four unities: (1) unity of title, the co-owners take under the same instrument; (2) unity of interest, the….

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Appeals, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse

The Bio-Psycho-Social Approach to Capacity Evaluation

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Current approaches that define capacity in cognitive terms disregard concerns that emotional instability may disrupt capacity or that a person may be cognitively intact yet lack the capacity to give a valid consent. An alternative evaluative approach would be to view capacity holistically, as a combination of biological, psychological, and social (biopsychosocial) factors…..

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

May is National Caregiver Awareness Month

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May is National Caregiver Awareness Month  and it is  celebrated across Canada to acknowledge the 8 million people providing (unpaid) care to a family member or  friend which is about 28% of the population. For employed Canadian’s, 35 % are working caregivers.   Studies tell us that on top  of a working week (37.5- 50 hours), women  are spending on average 13.8 hours per week providing care and men spending 10….

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Caregiving

Atypical Asset Administration (Part 2)

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Welcome back! This is Part 2 of a two-part series on unusual assets and estate administration. For part one, please see my blog post here. Typical assets in an estate consist of real property, automobiles, corporations, investments, cash, jewellery and artwork. What I would call the “easy” stuff. But sometimes there are collections, specialized equipment, intangible assets….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Tax Issues, Uncategorized, Wills

May the 4th be with you and your estate

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I’m nerdy about my fair share of things. Star Wars isn’t one of them. But this is an estates blog and arrangements need to be made to take care of Baby Yoda should anything happen. Truth is, whenever the AAE schedule comes out, the first thing I do is sign up for any Thursdays that fall on special days. April Fools’, Halloween, the 4th of July. I’ve done them all…..

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