What would happen if………….

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This blog was written by Robert Boyd, Scotia Wealth Management While researching an estate and trust related blog, I was recently sidetracked by the beginning of my search. As you probably already know, Google prepopulates suggested search items as you type. A further Google search informed me that the prepopulated questions are actually the list of the most popular searches in the previous week. So what are people thinking when….

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Interest

You Can’t Always Get What You Want, But … You Get What You Need

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In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a  decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until other issues were resolved and sought costs. Neither party was successful. Background Françoise Poitras died on March 6, 2016. Interestingly,….

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Contested wills, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts

Third Party Appeals of Healthcare Decisions

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As reported in the media[i] [ii] [iii], Nova Scotia’s appeals court recently heard a case involving a woman who is trying to stop her husband from receiving medical assistance in dying (MAiD). The woman is appealing a lower court decision that rejected her request for an interlocutory injunction against her husband until the full case can be heard on its merits. The man’s request for MAiD was clinically approved and….

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Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Spouse

The last day of August……

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Labour Day used to  symbolize an end of summer holidays,  return to school for young people and back to work routine for most employers/employees.  However this year due to Covid 19, things are alittle more fluid or perhaps I should say- unknown and unsettled.  I thought I would take this opportunity to share some information from the www.ontariocaregiver.ca which addresses “Covid-19 Impact on Family Caregivers in the Workplace: Action Steps….

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Caregiving

Multiple Wills Across Civil and Common-Law Systems; Estate Planning That Provides An Advantage To Clients Who Hold Assets In Ontario And Quebec

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If structuring an estate plan across different Canadian jurisdictions didn’t raise enough considerations for an estate planner, add a different legal system to the mix, namely, Quebec’s civil law.  This post focuses on the estate-planning advantages available to clients who hold assets both in Ontario and Quebec, specifically the advantage of probate planning using multiple wills. Quebec Wills In contrast to Ontario, which has four types of wills under Ontario’s….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Probate Tax, Wills

Survivorship Clauses in the Will

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This Blog was written by: Gali Gelbart, Estate and Trust Consultant, Scotia Wealth Management  Survivorship clauses help ensure that the testator’s intentions are carried out, namely by preventing a gift under the will from falling into the beneficiary’s estate and incurring higher administration costs.  By specifying a minimum survival period in the will, the gift can instead pass directly to any contingent beneficiaries if the original named beneficiary has passed….

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Wills
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