Testamentary Capacity and Expert Reports

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As many well know, issues relating to testamentary capacity are often at the forefront of estate litigation cases and in particular, will challenges. Drafting solicitors may opt to obtain a contemporaneous capacity assessment before their clients execute a last will and testament; this may be the case where the testator is older or has cognitive limitations, and/or when there are known family conflicts and an anticipated will challenge. In addition,….

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Capacity Law, Courts, Estate Litigation, Undue influence, Wills

When (Y)Our Help is Refused

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“I don’t need anything…. I am fine…… Leave me alone…..” Do any of these refrains sound familiar to you? Last week I was part of a conversation during which a group of woman friends got together to brain storm ways to assist another one of their friends, who has a very complicated health history including  uncontrolled diabetes, has had several falls including one which resulted in a broken hip and….

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Caregiving

Life changes…so why shouldn’t your Will?

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP I’ve had a few instances where clients have asked “is this really my LAST will, or will I be doing this all over again in five or ten years?” which, in fairness, is a great question. As estate practitioners, we know that the passage of time does not invalidate a Will, however if certain circumstances in your clients’….

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Estate Planning, Wills

The soft issues matter – Choosing an Executor

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This blog was written by Justin Ecclestone, Estate and Trust Consultant with Scotia Wealth Management  As someone who works for a trust company, much of my day is spent educating our bank’s clients about the estate and trust planning services we can offer. In many cases, clients see the value in selecting a trust company to administer their estate to help address an obvious need. Some of these scenarios include;….

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Executors

Compensation as Attorney for Personal Care: Guided by Reasonableness and Proportionality

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The 2021 decision in Sasso v. Sasso[1] was recently affirmed by the Ontario Court of Appeal. The Sasso case has a few interesting aspects to it but for the purpose of this blog I focus on the claim for compensation which was made by an attorney for personal care. Although it may not happen often, attorneys for personal care can claim compensation. Unlike guardians and attorneys for property, calculating the….

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Attorney Compensation, Caregiving

The Monday after Mother’s Day

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While the sun did shine yesterday, it was still a difficult day for many of us.  I can’t even image the terrible pain as a parent and specifically as a mother- to lose a child.  As a daughter I know the pain of having lost my mother. Regardless of age  and I guess for me personally, there is an emptiness that  is  a daily reminder of someone very dear and….

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Elder Care
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