Hidden Fees – A Breach of Trust

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Registered accounts are often set up as express trust accounts, with the bank acting as trustee and the account holder as beneficiary. In these cases, banks are subject to all the same fiduciary duties and responsibilities that apply to all trustees – meaning they cannot charge hidden fees…..

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Compensation, Contracts, Estate Litigation, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trusts

Gesundheit

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As I sat down to write today’s blog, it seems that the topic that is on many people’s mind is the coronavirus or Covid 19. As some of you may know, I often write/present about being better prepared and understanding options in advance is my preferred message. So I thought today’s blog would discuss some things we can do to prepare ourselves and our aging relatives to avoid getting ill….

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The Use of Primary, Secondary, Tertiary, Quaternary etc. Wills in Estate Planning

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Today’s blog is being brought to you by guest blogger, Fatima Husnain, Articling Student at Fasken LLP. The use of multiple wills in estate planning is not a new concept for estate practitioners. To explain briefly, multiple wills are often created as an estate administration tax (“probate tax”) planning mechanism. One will (the “Primary Will”) governs assets that require a certificate of appointment of estate trustee (“probate”) to administer, one….

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Estate Planning, Wills

Tax Shelters and Charitable Intent

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In early February, the Tax Court of Canada put another nail in the coffin of “one of the biggest tax scams in Canadian history.” The case involved the Global Learning Gift Initiative, a charitable tax shelter that attracted 40,000 investors who – through a complex structure with no clear public benefit – made money by giving it away. The disqualified tax benefits from 2004/5 totaled $400 million. The Tax Court,….

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No Passing of Accounts Unless “Significant Concern”

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Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to require Donald and Douglas to pass their accounts as their parents’ attorneys for property. The application judge dismissed their application,….

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Attorney Compensation, Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Forensic Profile of Perpetrators of Financial Elder Abuse

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Financial elder abuse is defined by the World Health Organisation as the illegal or improper exploitation or use of funds or resources of the older person.[i] The misuse of a senior’s funds and assets involves the use of the senior’s funds without that senior’s knowledge and/or full consent, or, in the case of a senior who is not mentally capable, when the use of funds is not in that senior’s….

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity
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