Mild Cognitive Impairment Does Not = Normal Aging

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Are there any other “This Is Us” fans who eagerly awaited episode 10 last week?  Spoiler alert for those who have not yet watched.  Yes, as we suspected, Rebecca was diagnosed with Mild Cognitive Impairment (MCI).   Her diagnosis  is a fitting introduction for today’s blog  as  January is Alzheimers’ Awareness month.  Now let’s be clear, MCI is not Alzheimer’s disease.  MCI  according to the Alzheimer’s Society “may increase your risk….

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Disability, Elder Care

Paper vs. Electronic Filing of Estate Information Returns!

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Today’s blog was written by guest bloggers, Tracy Parkinson and Krista Brown, law clerks in the Private Client Services group of Fasken LLP. It’s hard to believe that we have been filing Estate Information Returns (the “EIR”) with the Ministry of Finance (the “Ministry”) since January 1, 2015, but if I start thinking about it, Ontario estates law has seen as much change in the last 4 or 5 years….

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

Challenge Accepted: Court Challenges to Wills and Claims Against Estates

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This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management As lawyers, we routinely field questions from testators about how to avoid challenges to their wills, especially where they’ve decided to leave a family member less than what they might have expected. On the other side of the coin, we’re also asked to help executors facing court challenges commenced by the jilted family member….

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Contested wills, Estate Litigation, Uncategorized, Undue influence, Wills

The Motivating Factor

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Estate litigation is full of high emotions and recriminations, usually stemming from decades of family history. As a result, it is not unusual for a client to question their family member’s reason for commencing litigation against them: jealousy and revenge for some long ago slight are usual suspects. However, as litigators, we have to decide carefully how heavily these allegations figure into the proceedings. As the Ontario Court of Appeal….

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Credibility, Estate Litigation, Family Conflict, Powers Of Attorney and Guardianship Disputes, Trustee Disputes

Secret Trusts

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Secret and trusts are essentially trust arrangements made between a testator and a trustee, without written disclosure or agreement of the terms of the arrangement, but where an understanding exists between the parties. Based on precedent in case law, the essential elements of a secret trust are: • An intent by the testator to subject the trustee to an obligation in favour of a beneficiary; • Communication of that intent….

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Estate Administration, Estate Litigation, Liability, Resulting Trust, Trustee, Trusts, Uncategorized, Wills

New Stats Canada Data on Caregivers in Canada

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Statistic Canada last week (January 8, 2020) released some data from the 2018 General Social Survey (GSS)on Caregivers in Canada (Cycle 32).  It is based on information obtained from 7664 respondents who provided care to a ‘family member or friend with a long-term health condition, a physical or mental disability or problems related to aging.’ The information is fairly similar to the data from the 2012 General Social Survey although….

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Caregiving
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