Transparency v Anonymity

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The calls for greater transparency by charities in Canada is growing. Budget 2022 had a few promises of more reporting requirements for registered charities related to donor advised funds and disbursement quota, although the exact measures are still unclear. What does this mean for the charitable tradition of anonymous giving? Anonymity The great Spanish Jewish medieval philosopher Maimonides famously said that the highest form of charity is anonymous. It’s about….

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Philanthropy/Charitable Giving, Uncategorized

Developing An Ontario Specific Dementia Strategy

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Fact: -one in three adults over age 85 will develop dementia -260,000 Ontarians currently live with dementia – most people living with dementia ( like all of us) prefer to remain in their community and out of long term care homes -Supporting aging in place (for all Canadians) will reduce  shortages in LTC and hospitals – “In 2020, the province estimated that the cost to provide home and community care….

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Elder Care

Til’ Death Do Us Part? The Impact of Marriage on Estate Planning

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management My colleagues have written several recent articles on capacity. “Capacity” is an interesting area of law and the test for capacity differs radically depending on the subject and setting. Testamentary capacity or capacity to make a Will, is different then capacity to make personal care decisions which, in turn, is different then capacity to marry. Historically….

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Uncategorized

When Does a Class of Beneficiaries Close?

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“To my grandchildren…” Sometimes, a testator will leave testamentary gifts to an undefined class of people, rather than to beneficiaries by name. Gifts might be left to “my children” or “my grandchildren” or even “the children of my niece” without any further specifications in the will[1]. This practice raises a question. Who are the precise members of this type of undefined class? Is the testator referring to people who fit….

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Estate Administration, Estate Litigation, Estate Planning

Are Domestic Contracts Becoming More Popular?

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When I explain to people whom I’m meeting for the first time that I’m a lawyer and that among my areas of practice I draft domestic contracts, I’m often met with a response to the effect of “You mean, like, a pre-nup?” I can confirm that a “pre-nup” is, in fact, what I mean. In Ontario, they’re called domestic contracts, and they can take one of two forms: marriage contracts,….

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Contracts, Dependant Support, Estate Planning, Family Conflict, Separation, Spouse
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