In my last blog on multiple wills for probate planning I began a discussion of some considerations when defining the classes of assets that fall into the “non-probate” will (which I refer to as the “Secondary Will”) and the “probate” will (which I refer to as the “Primary Will”). I left off with the point that if a person has assets that could normally be dealt with under a Secondary….
Multiple Wills: Part 4 Continue Reading »
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This Blog was written by : Natalie Rouse The 2017 Oscars are just around the corner and last year’s drama “Manchester By the Sea”, starring Casey Affleck and Michelle Williams, is sitting pretty. It has been nominated for a whopping 6 awards. It also recently won the Golden Globe for Best Actor, and was nominated in 4 other categories. The movie tells the story of Joe, who is a….
And the Oscar goes to……….. Continue Reading »
Estate Planning, Guardianship, Uncategorized, WillsIn my ALLABOUTESTATES blogs, I have been writing about unanticipated consequences of appointing a power of attorney (POA) for property as per the Ontario Substitute Decisions Act[i] (SDA). Despite the apparent benefits for seniors to have a POA for property, nonetheless unanticipated problems include; Mistaken assumptions by both grantors and appointed attorneys that a signed POA for property that is effective immediately is supposedly “only a backup plan” for declared….
POA for Property: A Marriage Sometimes Not Made in Heaven! Continue Reading »
Capacity Law, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity
Some recent technical interpretations from the Canada Revenue Agency (“CRA”) remind us that tax free rollover of retirement plans have to be carefully planned and executed to get the desired result. Here are a couple of cases in point: Rollover of a Registered Pension Plan (“RPP”) to an infirm dependent child In a recent technical interpretation, CRA concluded that where a RPP lump sum death benefit is paid from the….
TAX FREE ROLLOVER “WRINKLES” Continue Reading »
Canada Revenue Agency, Dependant Support, Estate Administration, Investments, Tax IssuesTomorrow is the last day of Alzheimers Awareness Month in Canada. Over the last several years I have shared many blogs on the crisis of dementia. It is a disease that impacts everyone and with science helping us to live longer, we need to appreciate that for some, they may feel that they are not living at all. I have discussed both the economic and financial cost to providing care….
Ontario’s Dementia Strategy and A DementiaHack! Continue Reading »
Disability, Elder Care, Elder Law, Geriatric Care ManagementThe disposition of a loved one’s personal and household items can be a source of disagreement and upset among family members during an already emotional time. There is much that the estate planner and his or her client can do to minimize any discord that might arise during this process. A powerful planning tool in this regard can be a letter of wishes. A letter of wishes appeals to many….
Testamentary Letters of Wishes – Part 1 Continue Reading »
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