How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part III

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This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I discussed the importance of this topic and described the applicability of a non-charitable purpose trust to this type of estate planning. Part II examined the practical considerations for operating a non-charitable purpose….

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Road Testing your Incapacity Plan

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This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management In Ontario, there is a massive backlog of appointments for driving tests due to the shutdown of DriveTest Centres.  This led me to quickly check the expiry date of my own Driver’s License, which quickly dispelled my fear of having to prove I can parallel park a car; a skill I have never mastered and….

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Capacity Law, Estate Planning

Estate Trustee Removed for Conflict of Interest

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A recent New Brunswick case provides a thoughtful analysis on the removal of estate trustees (referred to as Estate Administrators in New Brunswick). In his will, the testator had named his sister as his estate trustee.  The beneficiaries of his estate were his two children and his brother, Yves.  However, the deceased’s ex-wife, Theresa, objected to the appointment of the estate trustee and the estate trustee renounced before probate was….

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Estate Administration

BARE TRUSTS

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A bare trust, also referred to as a naked trust, exists where a person, the trustee, is merely vested with the legal title to property and has no other duty to perform or responsibilities to carry out as trustee, in relation to the property vested in the trust. The sole duty of a bare trustee would be to convey legal title to the trust property on demand of and according….

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Canada Revenue Agency, Courts, Estate Planning, Investments, Joint Tenancy, Property, Resulting Trust, Tax Issues, Trustee, Trusts, Uncategorized

Orphanos, Yathom = Losing Your Guide

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There are so many stories that I would like to share as I continue on this journey of losing a last parent.  This is actually quite a different experience than losing my father.  I have always said that relationships are complicated and certainly one’s relationship with a parent is even more dramatic and life impacting than any other. I will however try to generalize some themes and experiences that many….

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Elder Care

Indemnifying Trustees for Gross Negligence

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This week in the world of client requests in the context of family trusts, a client (the “Client”) considered appointing their child as one of the trustees of their family trust, however wanted to ensure that such child would not be liable for any error or mistake made by them as a trustee, including breaches of their duties as trustee brought about by their own gross negligence.  Assume for this….

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