I saw a meme the other day that said “No one hates lawyers more than other lawyers”. After reading this post, I think lawyer hate is about to get redirected. The surprising part of law school is that it doesn’t actually teach you how to draft legal documents. A prompt in ChatGPT to write a prenuptial or separation agreement will get a response that it “cannot provide legal documents such….
ChatGPT, draft my will Continue Reading »
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In Alger v. Crumb, the Ontario Court of Appeal confirmed that a general revocation clause in a will did not revoke the testator’s TFSA and RRIF beneficiary designations. The Court concluded that under s. 51 and s. 52 of the Succession Law Reform Act (“SLRA”), the beneficiary designations have to be expressly referenced in a revocation clause and dismissed the appeal. Background The testator was survived by her four children. Her four….
Story of My Family is a Japanese drama that I have started watching on Netflix and so far, in episode one it has all the intrigue that we see in the world of estates, including challenging family dynamics, aging, incapacity and undue influence. We are introduced to an aging pro wrestler who returns to his family after 20 years to fight for his inheritance when his father — a respected….
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CaregivingThis blog has been written by Mohena Singh, Associate at Fasken LLP As estate planners, one of the most important aspects of our job is to discuss incapacity planning with our clients. Mental incapacity has become a social, health and legal challenge that affects a surprising number of Canada’s senior citizens. According to Statistics Canada, by 2068 it is projected that over 20% of Canadians will be over the age….
Does a Grantor have the Capacity to plan their Incapacity? Continue Reading »
Capacity Law, Caregiving, Estate Planning, UncategorizedWhat’s a professional way to say “You sound crazy and this is a horrible idea”? This is a question that was normally reserved for work BFFs. But artificial intelligence has come a long way and now gives out HR approved wisdom like: “While I appreciate your creativity and passion for this project, I have some concerns about the practicality and potential outcomes of this idea. Perhaps we could explore some….
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UncategorizedIn disputes relating to the guardianship of an incapable person, the subject of their representation often arises. The appointment of counsel pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“section 3 counsel”) is often treated as akin to or even the same as the appointment of a litigation guardian in accordance with Rules 7.01-7.03 of the Ontario Rules of Civil Procedure. However, these roles….
Representation of Incapable Individuals Continue Reading »
Capacity Law, Disability, Elder Care, Family Conflict