Until Death Do Us Part- or until we need provincially funded care in a Long Term Care Facility. After 70 years of marriage Norman and Mae are told by our government that in order to get the care they need, they need to live separately…..
Until Death Do Us Part- or until we need provincially funded care in a LTC Continue Reading »
Caregiving, Elder Care, In the NewsIn this installment of my blogs on multiple wills (for probate planning) I will focus on the important issue of defining the assets that will be governed by the Primary and Secondary Wills. As in my prior blogs, I will use the term “Primary Will” to refer to the will that is intended to be probated and “Secondary Will” to refer to the will that is not intended to be probated…..
MULTIPLE WILLS: PART 3 Continue Reading »
Estate Planning, WillsIt is one year after the new estate donation rules were introduced and the practical implementations are beginning to emerge. With the post-2016 rules, a twist arises when the residue of the estate is split between charity and individual beneficiaries. This scenario creates a gift that keeps giving. A gift by will, which is a type of estate donation, is now a gift of the estate. Legally the gift occurs….
The Estate Donation Loop Continue Reading »
Estate Administration, Estate Donations, Estate PlanningWhat is the limitation period for an attorney to seek compensation on a passing of accounts? In Armitage v. The Salvation Army, 2016 ONCA 971, the Court of Appeal confirmed that there is no such limitation period (although the equitable doctrine of laches and acquiescence can be asserted). In Armitage, the attorney for property brought an application to pass her accounts almost two years after the death of the grantor….
No limitation period for attorney compensation Continue Reading »
Attorney Compensation, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts, Power of AttorneyIn the recent decision of Prince v Nytschyk Estate, 2016 ONSC 7459, the Ontario Superior Court of Justice enforced a settlement despite the lack of signed minutes of settlement at the time of death of one of the parties. In this case, Cherie Lewicki (“Cherie”) and Joseph Nytschyk (“Joseph”) were in a common-law relationship for about 15 years, during which time they lived together in a house in Joseph’s name alone. Joseph died intestate (without a Will) in 2013 and Cherie continued to live in the house until her death in 2015. Before her death, Cherie commenced a claim for dependent’s relief against Joseph’s estate. As part of her claim, Cherie sought a declaration that the house was held in trust for her based on a resulting or constructive trust. With the estate’s potentially significant exposure to a dependant’s support claim, the parties agreed to a settlement whereby the house would be transferred to Cherie. However, prior to the completion of any signed minutes of settlement, Cherie unexpectedly died…..
When is a Settlement Considered Binding and Enforceable? Continue Reading »
Contracts, Estate Administration, Estate Litigation, WillsIn another few days we will say goodbye to 2016 and hello to 2017. This time of year for me, is a time of reflection. Most jarringly- is wondering where did the time go? While I try to be in the present, I am not always successful. What seems to be no slower than a blink of an eye, another year has passed and it is my older (and more….
Bittersweet Holidays Continue Reading »
Elder Care, Funeral Planning, Geriatric Care Management