The Overlooked Donor

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In November 2022, The Winnipeg Foundation, announced a $500 million estate donation from a 66-year-old businesswoman named Miriam Bergen.  Ms Bergen is an exceptional example of a common but overlooked donor: the older person without kids. Ms Bergen’s estate is larger and more complicated than most.  She owned a business that was donated (a holding company that owned an operating company with 27 rental apartments).  But her life situation is shared by an….

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The Vexatious Litigant

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Litigation can be ugly. Litigation where family is involved, as is often the case in estate litigation, can bring out the worst in people. According to the court, the worst of himself is what one of the respondents brought in the recent case of Colbert v. Colbert et al, 2023 ONSC 811 (“Colbert”) going so far as to declare the respondent in question a ‘vexatious litigant’. The term ‘vexatious litigant’….

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Estate Litigation

Game Changers in Managing Care: Powers of Attorney for Personal Care (POAPC) & Substitute Decision Making

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It’s Super Bowl Sunday as I write this, and in the lead-up to the game, football fans are debating what game changers may be possible to gain an advantage and win. Why not apply the same breakthrough analogy to address critical issues in managing care? What game changers can we trigger to deliver more productive outcomes for people? The Power of the Powers of Attorney for Personal Care (POAPC) &….

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Capacity Law, Caregiving, Elder Care, Elder Law, Elder Management, Estate Planning, Geriatric Care Management, Smart Ageing

ALL SHOOK UP – LISA MARIE PRESLEY’S AMENDMENT VS. VALIDLY EXECUTED TESTAMENTARY DOCUMENTS IN ONTARIO

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2023 has started off with many well-known celebrities passing away (David Crosby, Cindy Williams, Jeff Beck, and the beloved Mayor Hurricane Hazel McCallion). The most shocking death, in my opinion, has been Lisa Marie Presley (“Lisa Marie”), who died just days after attending the Golden Globe Awards. Shortly after the public memorial service was held for Lisa Marie at Graceland, news broke that the mother of the late Lisa Marie….

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Who is the Spouse?

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This Blog was written by: Gali Gelbart, Estate and Trust Consultant, Scotia Wealth Management  I recently was part of a cross-Canada presentation hosted by the Estate Planning Council of Canada on the role of spouses in estate matters. I was particularly struck by how different the provincial regimes are, highlighting the importance of getting estate planning advice from local specialists in your jurisdiction. Marital and family status has always been….

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When Will a Court Reconsider Its Decision?

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Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high…..

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Appeals, Capacity Law, Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Family Conflict, Wills
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