Court Interprets Will’s Residue Clause

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In a recent case, the court was asked to interpret the residue clause of the Deceased’s Will. The Deceased passed away in 2016. In her 1997 Will, she named her daughter as the sole executor and residuary beneficiary. However, both her daughter and alternate estate trustee predeceased her. The Will directed that, in the event her daughter predeceased her, the residue of the estate would be divided among the Deceased’s five siblings…..

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Estate Litigation

In What Circumstances Can an Attorney for Personal Care Restrict Visitors from Visiting an Incapacitated Person in a Long-Term Care Home?

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Adult daughter and her mother drinking tea and chatting

Anna Chen, Associate, Gowling WLG (Canada) LLP This was the question addressed in the recent decision Orr v Orr, 2025 ONSC 4986. In Orr, 82-year-old William Orr (“Bill”) was diagnosed with advanced Alzheimer’s Disease and moved into a secure ward at McCormick Home, an accredited long-term care home in London, Ontario.  His capacity to manage personal care was put into dispute in the application.  The applicant was Bill’s wife Gwen….

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Caregiving, Elder Care, Elder Law, Geriatric Care Management, Healthcare, Power of Attorney

Estate Planning and Rental Properties

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Over the last couple decades, many Canadians have invested in real estate, more specifically, in rental properties. As a result, their real estate holdings will constitute a substantial part of their estate therefore, their estate plan should consider how best to minimize capital gains on death and preserve their real estate investments for the next generation. Indeed, one should not overlook the tax implications involved on the death of an….

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Estate Administration, Estate Planning, Property, Real Estate, Tax Issues

Smart Ageing and Vision Health

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We are in the midst of a longevity revolution. And we could easily live another 30 or 40 years after retiring from full-time employment. Do you have a plan for smart ageing? Have you considered what quality of life means to you? Just like cognition, mobility, and hearing, vision is a critical ability factor as we move through life. As we age, it’s important to reassess these ability factors regularly…..

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Healthcare, Smart Ageing

Cottage Trust Planning – Points for Consideration

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Fall officially arrives on Monday. School has started, the leaves are turning colour, and for many families, it’s time to think about closing the cottage for the year. As estate planners know, the cottage is not an ordinary asset. It’s a special place where memories are made and traditions are passed down, and as a result, planning for its succession can be challenging. Often, individuals will include a trust in….

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Cottage, Estate Planning, Property, Succession Planning, Trustee, Trusts, Wills

Valuing In-kind Donations

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There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.”  In other words, some gifts may be too good to be true.  This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation.  Who commissions and pays for in-kind donation appraisals, the donor or charity? Does the valuation have integrity? Standard Practice The recommended….

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Estate Administration, Estate Donations, Uncategorized
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