Exercising Discretion – Beware of Absolute Powers

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As the calendar year draws to yet another close, and each of us mentally checks off items on our year-end checklists, trustees of a discretionary family trust should take this time to determine whether to make a discretionary distribution of income or capital for the year ending.  Often the terms of a trust will grant the trustees a discretionary power to pay out income or encroach on capital of the….

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Uncategorized

Dead People Who Make More Money Than You

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Imagine this – You’re front row center in your red leather jacket. The King of Pop is thrilling the crowd. He moonwalks so close to your seat that you can touch him. But you can’t. It’s a Michael Jackson hologram. You spent half your paycheck to watch a hologram perform. This is why my post today is all about dead celebrities that made wayyyy more money than you last year…..

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Estate Administration, Estate Planning, In the News, Wills

A Cup of Care: A Pinch of Hope: Spending holidays with a family member who has dementia.

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The holidays can be a wonderful time to spend together with loved ones, remembering the meaning of the season and celebrating together. When visiting with and sharing time with a family member who has dementia, the challenge is with the expectation. The Alzheimer’s Society notes that often caregivers must deal with feelings and emotions that arise when remembering past holidays when their family member was well. They may also feel….

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Elder Care

Common Pitfalls in Estate Planning for Blended Families

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Common Pitfalls in Estate Planning for Blended Families[1] The traditional concept of the nuclear family (i.e., mother, father and one or more children of a single relationship) has evolved over the years. The modern family is more complicated and may consist of parents who are in second or third relationships and who bring into a relationship  children from one or more prior relationships.  To further complicate the familial structure, there….

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Estate Planning, Wills

Unjust Enrichment – The Supreme Court’s Naughty List

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They see you when you’re sleeping, they know when you’re awake. They’re ready to decide if you’ve been unjustly enriched, so be good for goodness sake. The Supreme Court of Canada is coming to town. The Supreme Court of Canada in their festive/ceremonial robes [Not pictured – Santa Claus]   On November 23rd, the Supreme Court of Canada released its decision in Moore v. Sweet, 2018 SCC 52. Back when this case….

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Contracts, Family Conflict, In the News, Insurance

Charitable Donations – What Do You Get in Return?

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Each December, we are reminded that this is the season of giving. As we are encouraged to lend our support to worthy causes, it is helpful to understand the extent to which donors can control the use of their funds and oversee the direction of a charitable project. Meddling in other’s affairs can be costly, as seen in Fass v CAMH, 2018 ONSC 3386. The Faas Foundation and its founder….

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Charitable Giving, Contracts, Estate Donations, Investments, Philanthropy/Charitable Giving
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