Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

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Contested wills, Courts, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, Wills

Questioning the Actions of Trustees

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management    What happens if a beneficiary believes that a trustee is acting improperly, or refuses to distribute funds? United States Senator Dianne Feinstein is suing the trustees of a fund set up by her late husband, accusing them of committing “financial elder abuse.” Sen. Feinstein’s late husband reportedly established a marital trust to provide for her…..

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In the News

Costs in Capacity Litigation

The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi (“Fiacco”) makes clear that “The exercise of the court’s discretion in respect of cost claims in capacity litigation should reflect….

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Capacity Law, Costs, Estate Litigation, Family Conflict, Guardianship

Embracing Intimacy Across the Ages

By: Andrea Brodey, ECI social worker: As our population ages, the topic of aging and sexuality has become increasingly relevant. Society has long seen sexuality as a young persons’ domain. Both the public and medical professionals can be dismissive and uncomfortable with the idea that older people often still desire sexuality and intimacy. Despite societal stereotypes and misconceptions, older adults continue to experience desires and sexual needs well into their….

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Caregiving, Elder Care

PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS

Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate.  What happens when your client is also a lawyer?  This blog is not meant to provide legal advice but rather, it is meant to provide some suggestions. Record Keeping Lawyers acting as executors have the same obligations that….

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Estate Administration, Estate Planning, Executors, Wills

Gifts of Real Estate, with restrictions

Early in my charitable planning career my employer was offered a donation of islands on Georgian Bay.  Surrounding the 100-year-old family cottage were sheds, cabins and boat houses.  The donors had a vision: it would be a children’s camp. It was a stunning property.  Valuable, despite the sagging, mouse-infested buildings.  But this gift by will was contingent and restricted.  It would be a children’s camp, or nothing at all.  The….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving
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