An ‘attitude of gratitude’ seems to be the mantra of the 2020 Masters Tournament commentators. Fans are so happy to have the Masters on this year- albeit in November rather than April. It is a motto that more of us need. I would like to apply this positive attitude and acknowledgement to caregivers as this is National Family Caregivers Month. More than ever as this pandemic overshadows absolutely everything and….
Attitude of Gratitude Continue Reading »
Elder Care
A few months ago, I was sent this article in the Globe and Mail.[1] The article explores the notion of introducing legislation to legalize electronic wills in Ontario. Although some of us here in the estates and trusts world have experience deducing what the positives and negatives of electronic wills might be, I found the article interesting because it represents an instance where the discussion surrounding electronic wills is making….
Electronic Wills in Ontario: Growing Interest, Growing Need, or Growing Concern? Continue Reading »
Contested wills, Estate Planning, WillsThis Blog was written by Angèle LeBlanc, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management The Medical Assistance in Dying, Bill C-14 (MAiD) was enacted into law on June 17th, 2016. Since then, some of us may have heard of cases where individuals, even clients, have chosen to end their life with MAiD. With every new law passed, however, litigation is certain….
Until Death Do Us Part… Continue Reading »
Courts, Uncategorized
In Viertelhausen v Viertelhausen, the court dismissed an application to remove the estate trustee due to lack of evidence of a true conflict of interest. The deceased, Bote, died without a will. His brother, Bill, obtained a certificate of appointment of estate trustee without a will. The applicant, Teresa (a niece of both Bill and Bote) who was also a beneficiary of Bote’s estate, commenced an application to remove Bill….
Removing an Estate Trustee: More Than a Feeling Continue Reading »
Estate Litigation
The acquisition of control (AOC) rules in the Income Tax Act (ITA) are designed to prevent non-related persons or group of persons from trading in corporations that have unutilized losses for income tax purposes by restricting the corporation’s ability to deduct unutilized losses when control of the corporation has been acquired (i.e. change in shareholders). We know that the AOC rules can apply when there is a change in the….
A change in trustee could be a tax problem Continue Reading »
Canada Revenue Agency, Estate Planning, Tax Issues, Trustee, TrustsI first introduced my 3’C’s in a blog at @allaboutestates which addressed living options and ways to consider what care settings. Some of you may recall that my 3 C’s are: Care, Cost, Choice. I am reposting this article as it continues to be an excellent guide in helping families explore residential options. There are more and more retirement residence being built and navigating the maze of assisted living, retirement,….
Pick your ‘3 C’s’ Continue Reading »
Elder Care