Estate Sleuthing

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As a law clerk working in the area of estate administration, we often have to act as “detectives”.  For example, we may have to conduct searches to determine whether or not the deceased had a Will.  We may need to track down the beneficiaries named in the Will or piece together a family tree and locate family members if the deceased died intestate.  We might have to search financial records….

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Estate Administration, Estate Planning, Executors, Wills

Planning the transfer of the a family vacation property

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This Blog was written by Natalie Melanson, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management This long Canadian winter has finally come to an end and Canadians can look forward to some great spring and summer long weekends and vacations. With the summer season upon us, the transfer of vacation properties to the next generation may come to mind, particularly with the aging baby boomer….

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Cottage, Estate Planning

Human Rights Tribunals Continue To Disproportionately Require Probate

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As my colleague Joanna Lindenberg and I have blogged about the Human Rights Tribunal of Ontario has taken the position that it requires a certificate of appointment of estate trustee (i.e. probate) in order for an application before the HRTO to proceed. Now, in Boyd v. Steeves & Rozema Enterprises Ltd. cob Landmark Village, the HRTO has doubled-down on its position, claiming that it lacks the authority to proceed with….

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Estate Administration, Estate Administration and Probate Applications, Wills

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

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A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on the legal interaction between a deathbed marriage and a deathbed will. Case law on deathbed retainers and wills stand at….

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Estate Planning, Family Conflict, Interest, Uncategorized

What Happens When a Shareholder (Voting) or a Director Becomes Incapable; Powers of Attorney for Property and Shareholder Agreement Drafting Tips

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This is Part II of my saga on addressing circumstances of incapacity, Part I can be found at: https://allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/. Part II, being this blog post, addresses two situations that we, as estate planners, are commonly asked about: Director becomes incapable – who can sign for them? Shareholder (voting) becomes incapable – who can attend to governance regarding electing directors and officers and what can be considered at the shareholder agreement….

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Capacity Law, Estate Administration, Estate Planning, Power of Attorney, Wills

Seven Faces of Philanthropy

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  The Seven Faces of Philanthropy: A New Approach to Cultivating Major Donors is an iconic American fundraising book published in 1994.  In it authors Russ Allen Prince and Karen Maru File neatly categorize charitable profiles.  While written for a fundraising audience, the book is a helpful reminder that charitable motivations are diverse.  There is not a single way that donors approach philanthropy. The book focuses on lifetime “major gifts”….

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Charitable Giving, Philanthropy/Charitable Giving
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