Living alone, being lonely and the perils of isolation.

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We already know that loneliness is a major debilitating cause of  health decline in seniors. Over the years I have blogged about the challenge of seniors living on their own, without a support network.  During this pandemic, the isolation and separateness of everyone was very difficult on all us. However for seniors, I think it has been worst of all.  We all need personal contact, connecting with someone, sharing a….

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Elder Care

A Presumptive Peril: The Law of Beneficiary Designations is Now in Flux

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Calmusky v. Calmusky, 2020 ONSC 1506, is a 2020 decision of the Ontario Superior Court of Justice that is ruffling some feathers among banks, financial advisors and estate planning lawyers in Ontario. In this case, the court applied the principles surrounding the presumption of resulting trust, established by the Supreme Court of Canada in Pecore v. Pecore, [2007] 1 S.C.R. 795, to two different issues related to a single estate. One….

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Credibility, Estate Administration, Estate Planning, Family Conflict, Joint Tenancy, Probate Tax, Resulting Trust, Trusts, Wills

Constructive Trust and Proprietary Estoppel – Built With Your Own Hands

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Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights will be put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”) and Edward. In August….

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Contracts, Estate Litigation, Family Conflict, Property, Real Estate, Spouse

WHAT ABOUT A CORPORATE EXECUTOR?

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A lot has been written about how should choose an executor, and some of it in this blog place. A couple of years ago, fellow boggler Emily Hubling wrote eloquently about the risk and rewards of appointing a professional advisor as executor. I would like to revisit some of the points made in the context of appointing a corporate executor, some who is specifically skilled and trained for the role…..

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Attorney Compensation, Compensation, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Fiduciary Professions, Trustee Compensation, Trusts, Uncategorized, Wills

Foreign reporting and the foreign pension plan

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The Canada Revenue Agency (CRA) was asked whether a Canadian-resident individual is required to file Form T1135 (Foreign Income Verification Statement) in respect of their interest in a US pension plan.  The foreign property reporting rules are in section 233.3 of the Income Tax Act (ITA). Generally, these rules require certain taxpayers resident in Canada and certain partnerships to file an information return (Form T1135) with respect to their “specified….

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Canada Revenue Agency, Tax Issues

Family = >Essential Visitors

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This weekend I enjoyed  a wonderful homemade dinner at the home of some close friends  and it felt ‘normal’ – a life we enjoyed and took for granted before Covid. I am fortunate in so many ways and one was not living with the angst  of not being able to visit a loved one living in Long Term Care(LTC)/ nursing home. I am however aware and working with many families….

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Elder Care, In the News
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