Revisiting the “Rule of Convenience”

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Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5% to a lower rate of interest where the “rule of convenience” applies. Today’s blog will (i) provide a refresher on the….

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Estate Administration, Executors, Interest, Wills

‘Til death do us part … the bank accounts: A warning for common-law couples

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This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  Summer is upon us, in all its glory. After a pandemic hiatus, my calendar is dotted with weddings to attend for friends and family members. But is this summer spectacle going the way of the dodo? I don’t think so, but marriage is certainly on the decline in Canada. Statistics Canada reported last year that 2020….

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Reviving a revoked will

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It is quite common for a will to begin with a statement that all previous wills and codicils are revoked. This is done to ensure that only the will being executed at that time remains the valid will of the testator, and any prior testamentary instruments no longer desired will not end up being inadvertently  relied upon by a future estate trustee. Less well-known is that a previously revoked will….

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Estate Litigation, Estate Planning, Succession Planning, Trustee, Wills

Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

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It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities…..

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Capacity Law, Elder Care, Elder Law, Elder Management, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Staying Cool is Hard to Do…..

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Wow it is hot out there! With temperatures in the 30’s, 40’s and in some places, the 60’s, it can be difficult to enjoy ourselves away from the air conditioning. And as we are well aware, not everyone has access to A/C.  Summer has hit us hard and although  all winter long we look forward to warmer weather, the heat can actually cause harm- especially to the elderly. Those of….

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Caregiving

Estate Planning for The Likes of Taylor Swift: Considerations for Music Artists

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With summer concerts, tours, and music festivals in full swing, I thought I would share estate planning considerations unique to music artists (the performing artists and songwriters, unless specified otherwise, the “artist”). I will use Taylor Swift as an example because the Taylor Swift/Scooter Braun controversy is helpful to my discussion. The Controversy; Nuances Connected to Estate Planning for Music Artists Copyrights are an asset class that should be discussed….

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Contracts, Estate Planning, Wills
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