Should we put our kids on title? Simplifying a common question

This Blog was written by: Gali Gelbart, Estate and Trust Consultant, Scotia Wealth Management  One of the most common questions I get asked by clients is if they should add one or more of their children on title to their home or other real estate holdings. A lot of people like the simplicity of using joint tenancies to automatically transfer the property on their death. It certainly can be an….

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Proving Charitable Purposes

Charitable purpose trusts are given special status in the law. While most other types of trusts must have a clear end date, charitable purpose trusts may live forever. All other types of trusts have to have specific and defined beneficiaries, yet charitable purpose trusts may exist in order to further a “charitable purpose.” While courts are generous in determining whether the purpose of a trust is charitable, there are clear….

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Charitable Giving, Estate Administration, Estate Donations, Estate Planning, Fiduciary Professions, Philanthropy/Charitable Giving, Trusts

Latest Draft National Standards for LTC

I spent much time yesterday reading the National Standard of Canada guidelines from the Health Standards Organization draft report on developing new standards for Long Term Care. This draft document is titled “Long-Term Care Services” (CAN/HSO 21001:2022).  I also read the Globe and Mail and Toronto Star articles nicely packaged by NIA in my inbox. At this time now two years into the pandemic, change within LTC is needed more….

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In the News

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession

Last week, my colleague Yvonne Mazurak wrote a blog post about a recently-released television show, And Just Like That, discussing the estate planning issues highlighted by the events of the show. So, I thought I would provide a bit of a television recommendation show of my own…although my taste is a bit different. For this post, I’d like to highlight Shingeki no Kyojin (in English: Attack on Titan), one of….

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Estate Planning, Family Conflict, Healthcare, In the News, Interest, Wills

Attorney Compensation – Can you count on it?

“An application to pass accounts is more than a rubber stamping of an attorney for property’s accounts”, reminds Justice Graeme Mew in Re Andriesky Estate, 2022 ONSC 242. In most circumstances, an attorney for property is entitled to the percentage formula in the Regulation. Ontario Regulation 26/95 made under the Substitute Decisions Act provides: 1. For the purposes of subsection 40(1) of the Act, a guardian of property or an….

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Capacity to Retain and Instruct Counsel

Estate litigation cases often impact upon persons who are incapable. In particular, an individual may be incapable of, among other things, managing their property or personal care, of making a will (testamentary capacity) and of retaining and/or instructing counsel. The recent case of Guardian Law Group v. LS, 2021 (“Guardian”) reviews the requirements that must be met by counsel to be validly retained to represent an individual. In Guardian, the….

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Capacity Law, Contracts, Estate Litigation, Retainer Agreement
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