Audio Recordings in a Guardianship Application; Think Twice Before Pressing Record

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In the recent guardianship case, Rudin-Brown v. Brown, the court considered whether to admit into evidence recordings made of an incapable adult’s telephone conversations. Carolyn was found to be incapable in 2018.  In 2016, Carolyn signed new power of attorney documents for personal care and property (“2016 Powers of Attorney”) appointing her son, Gordon as her attorney in both documents.  Her daughter, Missy, sought an order that the 2016 Powers….

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Powers Of Attorney and Guardianship Disputes

What is a Reasonable Error

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Further to my last post, the Canada Revenue Agency (“CRA”) does have the discretion to waive tax penalties on excess (or deemed to be excess) contributions to Tax Free Savings Accounts (“TFSA’s) and Registered Retirement Savings Plans (“RRSP”) if an excess contribution  to a TFSA or RRSP resulted from a reasonable error under the applicable sections of the Income Tax Act (“ITA”). With regard to TFSA’s, it would be for….

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Estate Planning, In the News, Investments, Property, Tax Issues, Uncategorized

Monday, the day after yesterday.

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While the sun did shine  yesterday, it  was still a difficult day for many of us. Not just because we can’t be outdoors, or play golf or volleyball but because for many, we continue to be restricted from seeing, and hugging our mothers. It is the 2nd  Mother’s  Day of being restricted; some distanced by emergency stay at home orders and  some  like me, separated by death. Another of the….

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Elder Care

Non-Resident Beneficiaries and Canadian Real Property: Canada’s hot housing market can increase the work of estate executors

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Distributions from the estate of a Canadian resident to a non-resident can give rise to additional compliance obligations under section 116 of the Income Tax Act where the estate owns Canadian real estate.  The need for such a clearance certificate is determined based on the value of real estate held by the estate in relation to the total residual value of the estate. Given the current boom in the Canadian….

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Uncategorized

Powers of Appointment vs. Trusts – Failure to distinguish between them in Wills

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This Blog was written by: David McPhee, Estate and Trust Consultant, Scotia Wealth Management  When the term “power of appointment” comes to mind, one often thinks of the provision in a will or inter vivos trust deed which creates a trust for a beneficiary for his or her lifetime, and then goes on to say that the beneficiary has the ability to specify in writing, either through his or her….

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Trusts

Whose Claim Is It Anyway?

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In the recent decision of Goldentuler v. Simmons Da Silva LLP, 2021 ONCA 2019, the Court of Appeal for Ontario considered whether an individual had capacity to commence a lawsuit in which the cause of action belonged to an estate. Facts The late Henry Goldentuler (“Henry”) was a lawyer in private practice. Before his death, Henry commenced an action against a group of former employees who had removed 120 client….

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