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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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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Power of Attorney for Property: The other sign of the coin

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This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management In my previous blog, Road Testing your Incapacity Plan, I reviewed incapacity planning from the point of view of the Grantor (the person appointing the attorney) in the Continuing Power of Attorney for Property (CPA). Now, I want to look at CPA from the other side of the coin; namely from the point of view….

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Power of Attorney, Uncategorized

The Mysteries of Probate, Revealed

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Of all the questions I am asked about the administration of estates, the ones that come up the most frequently are: “what is probate?”; “how do I know if I need probate?”; and “what’s involved in applying for probate?” Herein – the answers…..

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Practice Management, Probate Tax, Succession Planning
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