End of Life Decisions: A Legal Perspective

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End of life decisions are some of the most fraught decisions individuals will ever face. Patients and doctors likely approach end of life decisions differently and from differing perspectives.  The Law Commission of Ontario (“LCO”), an independent organization that recommends law reform measures for the province, has produced two reports on this very important issue. In Health Care Consent, Advance Care Planning, and Goals of Care Practice Tools: The Challenge….

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Elder Law, Geriatric Care Management

Taxable Income of an Estate: Can it be Distributed?

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Suppose a straightforward will with very simple instructions to the executor: The executor is to pay the debts and expenses of the deceased, execute certain specific bequests of property and with some general instructions, distribute the residue of the estate to the named beneficiaries. During the administration of an estate, taxable income is generated during the course of paying all the debts and executing the specific bequests. Because it might….

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Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, Trusts, Wills

The Case of the $30,000 Scrapbooks

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In what the judge referred to as a “noble gesture”, the deceased ordered that his two scrapbooks setting out his life story be copied and distributed to his family. These instructions were set out in a Codicil to his Will. However, disagreement amongst family members regarding the copying of the scrapbooks and delivery of the books led to court proceedings and over $30,000 in legal fees claimed by the three….

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Estate Litigation, Wills
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