This post was written by Diana Leopardi While we often plan for our human children, it’s time to think about including our fur-babies into our estate planning. Pets offer their owners the ultimate companionship and unconditional love. Often times, owners consider their pets family members so why not include pets in estate planning or in the event their owner becomes ill or incapacitated. If the primary owner was not able….
Planning for Pets Continue Reading »
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A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property…..
Life Interest or Licence to Use? Continue Reading »
Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Interest, Philanthropy/Charitable Giving, Property, Real Estate, Succession Planning, Wills
As we start summer and on this first Monday of July, I thought I would share a good news story. There has been so much pain and suffering over the last while, that I think sometimes we need to hear more positive stories- of all types. This good news comes from CBC and it is a good old fashion love story- with a twist. It is a story about Charlie….
Move Over-the power of love and keeping memories alive. Continue Reading »
UncategorizedThis Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management As we emerge from the Covid restriction era and a new normal comes into focus in our day-to-day lives, new symptoms and side effects of Covid are coming into view. In the estate planning realm, in particular, the effects of irregularly signed documents are upon us. As the initial lockdowns of March 2020 took over, practitioners….
Section 105 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and s. 79 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 provide the court with authority to order a capacity assessment, even when the individual objects. It is an extraordinary power but not one that is utilized lightly by the court. A recent decision of the Superior Court of Justice serves as good reminder and review….
Ordering a Capacity Assessment When it is Resisted Continue Reading »
Capacity Law, Uncategorized
A trust indenture established today looks nothing like a trust indenture established 10 or 20 years ago. The evolution of trust drafting, and the rigid legalese once used for trusts has given way to language that better anticipates the myriad of potential scenarios typically faced by today’s clients. This evolution in trust language is most noticeable when reviewing the modern beneficiary clauses. Evolution of trust language Trusts have always contained….
The evolution of trust drafting Continue Reading »
Business Succession Planning, Trusts