I hope everyone is managing well and staying safe. Here are some random thoughts in isolation: 1. Some provinces are now allowing the virtual witnessing of wills. In related news, Estate lawyers are now the new tech support 2. Until now, I bet you didn’t realize how many corporate mailing lists you subscribe to 3. Are estate planning lawyers less busy now? One thing’s for sure, with so many people….
Random Thoughts in Isolation Continue Reading »
Uncategorized
Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….
Frivolous Notices of Objection Can be Struck Out Continue Reading »
Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, WillsIn a recent blog, I wrote about the availability of Home Buyer’s Plan (HBP) to an individual after the death of her spouse who purchased the matrimonial home. In a recent Technical Interpretation (2019-0819671E5, D. Odubella), the Canada Revenue Agency (CRA) was asked by a taxpayer to review the availability of the HBP to purchase a home that is located in a district where their disabled daughter could attend a….
Home Buyer’s Plan and Disabled Family Member Continue Reading »
Canada Revenue Agency, Dependant Support, Disability, In the News, Real Estate, Spouse, Tax Issues, Uncategorized
It seems as though my last few blogs have all started off with a report on COVID-19 in Long Term Care residences and the number of residents who have died. As of Sunday, May 2, 2020 there are now 170 long term care residences which have outbreaks and 954 confirmed deaths, up from 654. Last week’s blog was on having the conversation and I was going to continue this discussion….
Have you had the conversation yet? Continue Reading »
Caregiving, In the News
Today’s blog was written by guest blogger, Giancarlo Mignardi, Articling Student at Fasken LLP. For many individuals, their asset of highest monetary value is their real property. For estate planners, this means that often it is important to work with clients to find ways to minimize taxes payable on death in relation to such property. In addition, it may be important to identify ways to have a testator’s real property….
Dr. Shulman reflects on his experiences with COVID-19 in the Seniors Mental Health Unit at Mississauga Hospital…..
Reflections From the COVID-19 Frontline Continue Reading »
Caregiving, Courts, Elder Care, Geriatric Care Management, Healthcare, In the News