Today’s blog was written by Melissa Miller of Howie, Sacks & Henry LLP Imagine that you have a loved one in a retirement home and it’s been an unusually long time since you heard from them, or you cannot get a hold of them in the usual way. You finally pay a visit and find out that your loved one had a fall in their room and has been left….
On the Lookout: Falls in Retirement Homes Continue Reading »
Elder Care
By: Maddi Thomas, associate and Sukhman Sangha, articling student Gowling WLG (Canada) LLP Mental capacity continues to be a growing area of focus in estates law. Capacity, defined under the Substitute Decisions Act, 1992 (“SDA”) as the ability to understand and appreciate decision consequences, is assessed through medical and legal evaluations. Declining capacity heightens vulnerability to financial abuse, such as unauthorized transactions or neglect by fiduciaries like guardians unaware….
Diminishing capacity is a very complex topic. It may happen quickly or be a long, slow decline in the ability to make effective decisions. The risks can be devastating, impacting a person’s health and financial well-being. Emerging research indicates that issues managing finances could be an early warning sign of a pre-dementia or dementia diagnosis. Families need to be aware of these early financial warning signs and financial risks so….
Plan for Diminishing Capacity: Pre-dementia Financial Warning Signs Continue Reading »
Elder Management, Smart AgeingI recently had the pleasure of leading a course for lawyers who want to learn how to draft Wills (or improve their existing skills). One of the topics that we discussed at some length was how best to draft a residue provision in a Will, where there are multiple residuary beneficiaries. I thought it may be helpful to summarize a key discussion point from our session here, as in my….
Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers Continue Reading »
Estate Administration, Estate Planning, Wills
This blog post was written by: Derek Hambly, Estate and Trust Consultant, Scotiatrust London It is that time of year again when cottages, cabins and recreational properties are top of mind. Sitting in traffic getting out of town to get to the lake doesn’t seem so bad when your home-away-from-home is waiting for you…. unless of course you are worrying about the capital gain that has accrued on that property….
Cottages, Cabins, and Capital Gains Continue Reading »
Cottage, Estate Planning, Tax Issues
In MacBeth Estate v. MacBeth, 2025 ONCA 360 CanLII (“MacBeth Estate”) the lower court’s decision was affirmed by the Ontario Court of Appeal. The appellants appealed the lower court’s decision on the basis that the motion judge (i) erred in denying the appellants an adjournment; (ii) erred in removing them as estate trustees; and (iii) erred in permitting a holdback of only $50,000 (the estate trustees argued for a much….
Removal of Estate Trustees Upheld by Ontario Court of Appeal Continue Reading »
Costs, Estate Administration