Choice and Planning for Incapacity

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This blog was written by Damian McGrath – Estate and Trust Consultant with Scotia Wealth Management Choice is the act of decision making when faced with two or more possibilities. Decision making requires an understanding of the situation, the decision itself and the consequences of it. If our ability to make those choices diminishes or is lost, then others need to make them for us. A Power of Attorney gives….

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Demonstrating Financial Need in a Dependant Support Claim

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Today’s blog was written by Tyler Lin, student-at-law with de VRIES LITIGATION LLP When a person passes away, what happens to those who were depending on them? In Ontario, the requirement to provide for your dependants does not end on death. Where the deceased has failed to leave adequate support for dependants, it is possible for those dependants to bring a claim against the estate for a share of the….

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Dependant Support, Estate Litigation, Spouse, Succession Planning

Living Fully Before Dying

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While I cooked all familiar  traditional foods last week, the family celebration was very different and difficult this year.  Of course not having my mother at the table was primary but due to Covid we were only the immediate family. No cousins, no friends joined us this year. Such a different time.  As I continue to be reflective I thought I would share a previously published blog by the Huffington….

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Elder Care

You’ve Got Mail – Part One

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Learning that a loved one or friend who has passed away has left a gift for you in their Will, can be expected or in some cases, it can come as a surprise.  You may be entitled to either (i) a legacy which can be in the form of a specific gift of personal property (i.e. a car, painting, jewellery), a gift of cash from a specified source (i.e. TFSA….

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Estate Administration, Estate Administration and Probate Applications, Wills

Outdated Donation Clause

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Legal precedents are invaluable – except, that is, when they are wrong or out of date.  Recently a Scotiatrust colleague contacted me about a clause in a client’s will that was intended to create an endowment fund at a registered charity.  The clause imposed a 10-year capital hold on the donation.  He asked, “is this clause still necessary?” The short answer is “no”.  The longer answer is “this clause was….

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Fraudulently Concealing a Limitation Period

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Lawyers are keenly aware of limitation periods. If a lawyer fails to commence a claim on behalf of a client within the limitation period, they will likely face a professional negligence suit (not good). Whether lawyers like them or not, limitation periods play an important role in the civil justice system. The provide certainty and finality. In Ontario, a plaintiff has two years to start a claim from the date….

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Estate Litigation, Limitation periods, Real Estate
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