Supporting Seniors: An Important Election Issue

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There is a lot going on this month, including World Alzheimers Awareness Month.  However the election takes priority for me.  Next week’s blog will focus on dementia issues but for today, the focus of this blog is on what the federal parties are considering regarding supporting seniors and their caregivers. Canada has both a Dementia Strategy as well as a National Seniors Strategy that both require careful attention. Issues that….

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Elder Care, In the News

Powers of Attorney for Property: Implications of Obtaining a Formal Capacity Assessment

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Have you ever had this train of thought: ‘what happens now that X is losing capacity? Do I, as the appointed attorney for property, start acting gradually, as needed, or do I obtain a capacity assessment? What are the implications of obtaining versus not obtaining a capacity assessment, particularly when it comes to managing corporate assets?’ This blog discusses considerations that may be helpful in working your way through this….

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Power of Attorney

Joint Accounts Held as Tenants in Common: A Tool to Avoid Litigation

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This blog was written by Holly LeValliant Perhaps one of the most litigious issues in the area of estate law is the question of whether a joint account passes on survivorship when one of the owners dies, or whether the survivor holds the balance of the account in trust for the deceased’s estate. Joint ownership of bank accounts between parents and children is common and can be a convenient tool….

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Uncategorized

To Fight at Any Cost

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Lawsuits often put litigants on an emotional rollercoaster. As the lawsuit progresses and legal bills pile up, some clients start caring less about strategy and more about causing maximum pain to the other side. However, abandoning reason and moderation has a cost – usually in the form of a cost award. Such was the result in Del Giudice v Thompson, 2021 ONSC 5187. While the underlying action in Del Giudice….

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Costs, Estate Litigation

Pipeline planning and the dangers of subsection 84(2)

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In 1789, Benjamin Franklin, one of the founding fathers of the United States Constitution, provided the world with this great quote, “nothing is certain except death and taxes”. In 2021, John Oakey, the founding father of three Oakey children, is providing the world (or at least anyone reading this blog) with this great quote “nothing is certain with death and taxes”. Minimizing tax exposure The certainty of taxes upon death….

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Business Succession Planning, Estate Planning, Succession Planning, Tax Issues

Tips on Bringing a Passing of Accounts Application – Part 4

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Today’s blog will provide some points to consider when preparing or responding to a notice of objection to accounts (the “Notice of Objection”).  This is a continuation of my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1] How Does a Beneficiary Object? If a beneficiary wishes to object on a Passing Application, they need to prepare the prescribed Notice of Objection (Form 74.45).  It….

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Passing Of Trustees’ and Executors’ Accounts
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