Alcohol and Drug Use Alone Do Not Negate Testamentary Capacity

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In a previous post, I blogged about the case of McGrath v. Joy, where the Court held that a handwritten suicide note was invalid as the deceased lacked testamentary capacity when he wrote it due to drug and alcohol consumption. The application judge’s decision was recently overturned by Court of Appeal for Ontario. The Facts: Joseph Philip Joy (the “deceased”) committed suicide sometime in the early morning of July 13,….

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Goodbye My Furry Friend

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  This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP With more people working from home and less activities available for children, it is no surprise that there has been a COVID pet boom as many families have added a new member to their household during the last two years. These four-legged creatures have brightened our spirits, made these hard times less lonely, and enriched the….

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Estate Administration, Executors, Uncategorized

Better Life Insurance Donations

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Recently I received an inquiry from a life insurance advisor about a client who wished to establish a policy and donate it to two charities.  My colleague wanted to know if this was possible.  In my experience it is possible, but not the best way to do it. Donation Structures in Canada there are two basic ways to donate using life insurance. A donor makes the charity owner and beneficiary….

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Insurance, Philanthropy/Charitable Giving, Uncategorized

Love After Loss- is it possible?

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Happy Monday and happy Valentine’s Day.  I truly am one of the lucky ones and I want to say thank you to my husband of  38 years. However  we live our lives, having a loving relationship is so important. As we are living longer, I am also well aware that we all age differently and we don’t know what (ill health) waits for us around the corner. The topic of….

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Elder Care, Family Conflict

“To give or not to Give?” is only the first part of the question – as important is “How”?

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Charitable giving is often an important goal of a client’s planning.  As the title of this blog suggests, there are many ways to achieve this objective. What follows is a general overview of on of the options available for charitable giving- namely the establishment of a private foundation- and addresses some of the practical implications of same. Purposes and Categories A private foundation usually operates as a funder, i.e., it….

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Charitable Giving, Estate Planning

I HAVE THE POWER (OF ATTORNEY FOR PROPERTY)

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This Blog was written by: Tony Cariati, Estate and Trust Consultant, Scotia Wealth Management In the past few years, the realities brought about by the COVID-19 pandemic have highlighted the importance of having a Continuing Power of Attorney for Property; someone can manage your financial affairs in the event you are ill or suffering from long-term health complications.   Equally as important is naming an attorney for property (“AFP”) who will….

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