I was recently asked about the tax implications of creating a life interest in real property. When I use the term “life interest” in this context I am not referring to a typical scenario in which a property is transferred to trustees and held in a trust, the terms of which provide a beneficiary, often referred to as the lifetime beneficiary, with the exclusive use and enjoyment of the property….
The Time of Your Life (Interest) Continue Reading »
UncategorizedIn this week’s blog I’m going to try to do the impossible; make syntax and legal drafting interesting. Why? One comma can be the difference between life and death. It’s the difference between: Let’s eat Grandma! and Let’s eat, Grandma! Legalese, not so easy In the context of an estate, how do you interpret the following? All of the residue and remainder of my property I give and devise….
Grammar saves lives Continue Reading »
Contested wills, Contracts, Estate Litigation, Uncategorized, Wills
I was honoured to moderate a panel today at the Advocates’ Society’s CPD today “Capable or Not? How to Effectively Litigate and Mediate a Power of Attorney Dispute” (which will be available for purchase online in a couple of months as a webcast archive at TAS’ website). Justices McEwen and Pattillo both spoke and both justices agreed that Justice Penny’s recent decision in Adler v. Gregor, 2019 ONSC 3037 should be….
Power of Attorney Disputes: Effective Capacity Assessments Continue Reading »
Capacity Law, Elder Law, Guardianship, Power of AttorneyExecutors and personal representatives are tasked with making sure the deceased’s tax obligations are properly dealt with out of the deceased’s estate. An issue that may arise in the course of dealing with the obligations is how to deal with loans and advances from a private company. The Canada Revenue Agency (CRA) recently shared its view on the application of a tax rule to a home purchase loan from a private….
The perils of home purchase loans Continue Reading »
Canada Revenue Agency, Estate Planning, Executors, Tax IssuesLast week I had a pleasure of attending the 100th birthday of one of my (favourite) clients. She is one of the lucky ones as she still lives in her own home and is able to afford 24/7 care. She has a wonderful care team who have been consistently providing care to her for over 4 years. They were initially providing a few hours a day and over the years,….
Celebrating 100 Years Young Continue Reading »
Elder Care, Geriatric Care Management
Written by Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP Prior to law school, I worked in a hospital inpatient mental health unit. Many of the patients were unable to make their own health care decisions and relied upon other individuals to make decisions on their behalf. If anyone had asked me at that time what a power of attorney for personal care (“POA”) was, I could not have answered…..
Difference Between a POA and an SDM Continue Reading »
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