With the reputation of Long Term Care Homes hitting a new low, it comes as no surprise that seniors want to grow older in their own homes. A few facts: The number of seniors increased by 4.2 million over the past 38 years. Over the next 22 years Canada will need to accommodate the needs of another 4.2 million, of whom 82 percent will be 75 years of age and….
Alternatives to Long Term Care Continue Reading »
Elder CareOn April 19th, the federal government will table its first budget in two years. This budget comes in the middle of Canada’s third wave of COVID-19 and is set to address the pandemic’s resulting economic challenges. Practitioners can likely expect, if they are not receiving them already, calls from clients eager to update their estate plans in anticipation of the budget. I am not going to add my voice to….
Reflections before the Budget Continue Reading »
Uncategorized
We know that a suicide note can constitute a valid will in British Columbia, and possibly in Ontario. However, can a will written on a paper napkin from a McDonald’s restaurant be a valid will in Saskatchewan? This was interesting issue was addressed in Gust v. Langan. The Facts Six months before he passed, testator Philip Langan was dining at a McDonald’s restaurant in May or June of 2015 when….
Can a McDonald’s Paper Napkin be a Valid Will? Continue Reading »
Estate Planning, Family Conflict, InterestThere is renewed discussion on whether Canada will become another jurisdiction where specific gift or estate taxes will be imposed on inheritances. There is speculation that the discussion will lead to something concrete as early as next week’s Federal Budget. In the meantime, there are situations where inheritances can come with a tax burden, such as the one described in a recent Tax Court of Canada case (Goldman v. the….
Inheritance and Tax Continue Reading »
Attorney Compensation, Canada Revenue Agency, Compensation, Costs, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Investments, Liability, Tax Issues, Trustee, Trustee Compensation, Trusts, Uncategorized
Further to my fellow blogger’s April 4, 2021 read, I thought I would continue the discussion on the importance of appointing an attorney for property and my particular area of interest, care. Have you ever wondered what would happen if you didn’t have a family member who could assume the role of power of attorney for care and finance? Who would look after your best interests and keep your personal wishes….
You can’t choose your family but you can choose your friends Continue Reading »
Caregiving, Power of Attorney
In the blog posted by Maureen Berry on October 9, 2020, my fellow clerks and I wrote about the welcome changes that were introduced that would allow for applications for certificates of appointment of estate trustee (the “Probate Application”) to be filed electronically. It has now been six months since this change was introduced and I thought I might provide my thoughts on the process. As a reminder, effective October….
Thoughts on Digitally-Issued Certificates of Appointment of Estate Trustee Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Executors, Wills