What Does A Healthy Meal Cost?

A complimentary copy of the Saturday Star was delivered to my door so I had the pleasure of holding a newspaper in my hand while enjoying my morning coffee (note: we have gone ‘paperless’ and I am not a happy convert). The headlines grabbed my attention: ‘Nursing homes feed seniors on $8.33 a day’. This is not very much money- especially as I calculated the cost of my Nespresso ($.75)….

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Costs, Elder Care, In the News

The 21-Year Deemed Disposition Rule

Generally speaking, a personal trust is deemed to have disposed of its entire capital property and land inventory on the 21st anniversary of the creation of the trust and every 21 years thereafter for proceeds equal to its fair market value and to have required the same property immediately thereafter for an amount equal to that fair market value.  This means trusts may be required to realize and pay tax….

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Estate Planning, Trusts

Does Donor Recognition Create Obligations?

Is a donor obliged to provide ongoing support to a charity after a building or facility is named in their honour?  The legal answer is “no”.  Naming, however, may stir up complex feelings of ownership and hope, which often lead to misunderstandings — even after the donor is dead. Ownership Donors and their descendants understandably feel ownership for a facility in the family name.  The place, for example, may define….

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Estate Administration, Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Dementia does not Preclude Testamentary Capacity

Unhappy beneficiaries often challenge the validity of a loved one’s will on the grounds that the testator lacked the capacity to execute a will. Applicants use evidence of the testator’s dementia or Alzheimer’s disease (and other mental disorders) to establish that the testator lacked capacity to execute a will. However, it is important to keep in mind that capacity is time specific. A diagnosis of dementia or Alzheimer’s disease, for….

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Capacity Law, Elder Law, Estate Litigation, Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Wills

Dementia Solutions from DementiaHack

[caption id="attachment_4170" align="alignnone" width="300"] Vintage incandescent Edison type bulbs[/caption] Who knew spending the weekend immersed in dementia concepts could be so stimulating!!! I spent the weekend meeting wonderful people, learning new definitions/concepts and a new language such as ‘repositories, source code/asset archives Full-Stack C# developer Java C#, C ++. Python, PHP, SQL’. In return, I shared the concerns and challenge that I see working with those with dementia and their….

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Disability, Elder Care, In the News

The New Principal Residence Rules and the QDT

I have previously blogged about the “qualified disability trust” or “QDT” that was introduced in 2016 as part of a package of reforms to the taxation of testamentary trusts. The QDT, along with the graduated rate estate, is one of two exceptions to the general rule that, as of January 1, 2016, income retained in a testamentary trust is taxed at the highest marginal rate. On October 3, 2016, the….

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