An Elder Care Planning Framework for Decision Making, Part 2

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This blog post on the Elder Care Planning Framework for Decision Making, Part 2, is based on a panel presentation at Elder Law Day in Toronto in March 2023. Participants expressed an interest in using the elder care planning framework to provide context for decision-making and planning. Part 1 proposed the framework as a tool to aid in decision-making for elder care management; read it here. The elder care planning….

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Capacity Law, Elder Care, Elder Management, Geriatric Care Management, Power of Attorney, Smart Ageing

Tax Implications for Exempt Life Insurance Policies

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Today’s blog post was written by Pritika Deepak, an Associate at Fasken LLP. This is Part II of a three-part blog series which provides a high-level overview of some of the tax implications to consider, with respect to certain assets held at death. Part I, which addresses RRSPs can be found here: https://allaboutestates.ca/what-happens-when-a-taxpayer-dies-with-a-registered-retirement-savings-plan/ Part II of the blog focuses on life insurance policies owned at the time of death. Specifically,….

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Estate Administration, Insurance, Tax Issues

Autonomy, Choice and Control

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This post was written by Diana Leopardi Consider this question: would you carry an umbrella on a sunny day? A Mandate in the event of incapacity is like carrying an umbrella on a sunny day, with no intention of using it but grateful to have the umbrella in the event it starts to rain. Think of your umbrella as your Mandate in the event of incapacity; you will be sheltered….

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What is the Consent and Capacity Board?

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Capacity is a key component of estate litigation, especially in guardianship and attorneyship disputes. Questions of when someone has begun acting as an attorney for property and whether a person had the requisite capacity to designate a party as their attorney are some of the ways this issue plays out. Once these questions are raised, the arena in which these disputes are heard, for the most part, is the Superior….

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Capacity Law, Elder Care, Elder Management, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

ChatGPT, make me a trust

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As we reach the end of this blog series about ChatGPT, I’m reminded of Jeopardy! legend and now co-host Ken Jennings. In the finale of a three-day tournament pitting him against the IBM supercomputer Watson, Ken wrote, as part of his final answer “I, for one, welcome our new computer overlords.” That’s how I’m starting to feel…… In last week’s blog, ChatGPT wrote a will. But that’s relatively straightforward, right?….

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A Refresher: Knowledge and Approval and its Connection to Suspicious Circumstances

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A testator must have knowledge and approved of the contents of her will. This is one of the requisite elements for proving a will in a solemn form. Knowledge and approval, and its closely related cousin of due execution, is generally viewed as an easier test to meet compared with testamentary capacity. But knowledge and approval may be difficult to establish where suspicious circumstances exists. Ordinarily if certain conditions are….

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Contested wills, Estate Litigation
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