Dude, Where’s My Car? – How to Transfer the Ownership of a Deceased Person’s Vehicle to a Beneficiary in Ontario

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More often than not, we come across the following question from an Executor: How do I transfer the ownership of the deceased’s vehicle where the deceased specifically named a beneficiary in the Will? This seems like a fairly simple process but as I’ve learned over time, nothing is as simple as it seems. This can be a time consuming and frustrating process for the Executor. Please note that for the….

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Estate Administration, Estate Planning, Executors, Wills

One in Ten: Why Bequest Donors Don’t Inform Charities

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One in ten.  That, according to charitable sector studies, is how many estate donors inform the charities in their will of their intentions.  While this ratio varies by charity it underscores a fascinating paradox.  Bequest donors trust charities enough to make them beneficiaries of their estate, but they don’t trust them enough to tell them in advance. The Paradox This paradox is frustrating for charities.  Charities spend a lot of….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Court of Appeal for Ontario Dismisses Moot Guardianship Appeal

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In Hernandez v. Hernandez, 2021 ONSC 106, the Court of Appeal for Ontario considered the issue of whether litigation involving the personal care of a person is rendered moot after that person dies. In 2017, Cheri Hernandez commenced an application seeking an order terminating the authority of her brother, Norman Hernandez, to act as the guardian of personal care of their mother, Anna Hernandez. Cheri’s application was dismissed in 2019….

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Guardianship

Lifetime Benefit Trusts

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A lifetime benefit trust (LBT) is a personal, testamentary trust for beneficiaries that are financially dependent due to mental infirmity. Most people are aware that the taxable income inclusion of a RRSP on death can be avoided by rolling it over to a spouse. If the circumstances are appropriate, the same can be done by rolling the RRSP in an LBT and purchase a qualifying annuity under the relevant clauses….

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Uncategorized

Mom Loved You More

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My fellow blogger recently wrote about family meetings and estate planning.  There has been much written on the importance of power of attorney documents, who gets named, their responsibility and conflicts that have arisen as a result thereof. While the focus of most disputes has to do with money and the Power of Attorney for Property, my interest lies with the disputes that occur on the care side and with the….

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Caregiving, Elder Care

Significant Changes to Estate Rules May Come!

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Today’s blog is being brought to you by our guest bloggers, David Rosenbaum and Anna Chen   On February 16, 2021, Bill 245 Accelerating Access to Justice Act, 2021 (“Bill 245”) was introduced by the Ontario legislature.  Bill 245 passed Second Reading on March 2, 2021.[1] If passed, Schedules 8 and 9 of Bill 245 will make significant changes to the Substitute Decisions Act, 1992 (the “SDA”) and the Succession….

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Uncategorized
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