The sun is finally shining, we are having double digit temperatures and it is the start of the week. While today’s blog topic on end of life treatment may sound like a downer, thinking, talking and preparing for it, I feel is positive. The New York Times article, ‘How to Make Doctors Think About Death’ is a well written piece by Theresa Brown, a hospice nurse. It discusses the need….
Thinking About Comfort Care Continue Reading »
Elder CareA charitable remainder trust is an underutilized philanthropic tool where a charity is given a future monetary benefit, while the donor receives immediate tax relief in respect of the charitable contribution. Typically, a donor irrevocably contributes property to a trust for the lifetime of a beneficiary, with a charity being the residual capital beneficiary upon the death of the lifetime beneficiary. The lifetime beneficiary has the right to the income….
Advantages and Disadvantages of Charitable Remainder Trusts[1] Continue Reading »
Charitable Giving, TrustsThis Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust Historically the area of estates was not particularly litigious, but as families and financial circumstances become more complex, litigation involving estates has become more frequent. Frequently touted, but notoriously difficult to prove, is the allegation of someone being unduly influenced in making their Will. A client of mine (let’s call him Derek) passed away leaving behind his (younger)….
Undue Influence in Estate Planning Continue Reading »
Capacity Law, Estate Litigation, Uncategorized, Undue influence
A “passing of accounts” refers to the process of formally preparing and presenting accounts to the beneficiaries and the court. The accounts are either approved (i.e., “passed”) in the form presented, amended by court order and passed in revised form, or not passed because the court is not satisfied with the accounts or some aspect of the administration of the estate or property being managed by a fiduciary. Pursuant to….
It Ain’t Over Til It’s Over* Continue Reading »
Capacity Law, Caregiving, Costs, Elder Care, Elder Law, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee, Trustee DisputesAs you know we have had a crisis in our Long Term Care homes. Not enough beds and not enough staff. I have blogged extensively on the subject. However there is some light starting to shine through. As you may know the City of Toronto operates 10 long term care homes (2,600 beds), including: Bendale AcresCarefree LodgeCastleview WychwoodCummer LodgeFudger HouseKipling AcresLakeshore LodgeSeven OaksTrue Davidson Acres andWesburn Manor Councillor Josh Matlow….
In 2018, the Ontario government introduced amendments to the Pension Benefits Act to permit pension plan administrators to accept electronic beneficiary designations. Specifically, the Pension Benefits Act was amended to include the following provision (among others): Electronic designation of beneficiaries 30.1.1 (1) Despite anything to the contrary in the Succession Law Reform Act, an administrator may permit members, former members and retired members to designate beneficiaries electronically for the purposes….
Electronic Beneficiary Designations for Insurance Products Continue Reading »
Uncategorized