Intestacy Reform Overdue in Ontario?

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Saskatchewan recently amended its intestacy rules through the enactment of The Intestate Succession Act, 2019 (the “Act”), replacing the former 1996 statute. “Intestacy rules” are the rules that govern the division of a deceased person’s estate if the person dies without a will, or a portion of an estate if a person dies with a will but the will does not dispose of the entire estate.[1] The Act differs in….

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Fiduciary Investing Series – Powers of Attorney and Investment Portfolios

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  This blog has been written by Robert Boyd, Director, Scotiatrust. When one assumes the role of power of attorney for property, it is often taken as a duty or even an honour. The fact that someone is willing to bestow the responsibility to take care of their financial affairs in their greatest time of need is a recognition of a trust that you will act in their best interests…..

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Power of Attorney, Uncategorized

Concerns about Consent for Cannabis Prescriptions in LTC

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Last month I wrote about the issue of consent for CPR, explaining that the Court in Wawrzyniak v. Livingstone confirmed that a physician’s duty is to his or her patient and not the interests of the substitute decision-maker (SDM). Treatments that are not believed to be in the interests of the patient and do not meet the standard of care do not need to be offered just because the SDM….

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Capacity Law, Caregiving, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney

Alter Ego Trusts: Every Rose Has Its Thorns

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This article was first published in STEP Insider. Historically, individuals have taken comfort in the knowledge that their last will and testament is a statement of their final wishes for the disposition of their accumulated wealth. However, in the face of increasing wills litigation and fees payable in connection with obtaining probate, advisers are now seeking planning alternatives to traditional wills. One such alternative is the alter ego trust, a….

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Trusts

Proposed relief for inter-vivos trusts

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A recent letter from officials of Tax Legislation Division provides hope for trusts established for an individual eligible for the Disability Tax Credit (DTC) to qualify for the principal residence exemption. Specifically, the letter addressed concerns raised by an adviser in respect of her client regarding the benefit of the client’s DTC-eligible son, who was otherwise ineligible for the principal residence exemption. On October 3, 2016, income tax measures were….

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Elder Care, Estate Planning, Executors

T’was the fight before Christmas: My Holiday Jingle

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Back by popular demand, my holiday jingle- hopefully to make you gingle! T’was the fight before Christmas, when all families know, It’s better to forgive than tell them to F. O., Mom probably liked you better, if memory serves, So while I am a P.O.A., she will get what she deserves Come on siblings and get off your butts, I need alittle help, ‘cause I really am going nuts, I….

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Elder Care
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