Don’t let inheritance issues tear your family apart

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I was recently drawn to the Life section of the Toronto Star –  more specifically the “advice column” – by a compellling headline; to wit: “Don’t let inheritance issues tear your family apart”.  So far, sound advice. However, the author went on to provide some inaccurate information on Powers of Attorney to the “upset granddaughter” who’s concerned about another family member’s “dwindling the inheritance for myself and other relatives”.   Although the readership….

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Capacity Law, Estate Planning, Family Conflict

Compassionate Care Benefits- Update

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Effective January 3rd, 2016, the Government of Canada announced an increase in the duration of the Employment Insurance (EI) compassionate care benefit which allows claimants to collect up to 26 weeks of benefits, up from the current six weeks, for the care of a family member with a serious medical condition with a significant risk of death. ….

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Elder Care, Elder Law, Geriatric Care Management, In the News

A New Cause of Action or Clarifying an Existing Action? Amendments to Pleadings and Limitation Periods

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When will a court permit amendments to a statement of claim after the expiration of a limitation period? In a recent decision by Justice Lederman, Barcham v. Barcham, the plaintiff and moving party, Lazar Barcham (“Lazar”), sought leave to amend his statement of claim, and an adjournment of the trial of Lazar’s action that was scheduled to start only a few weeks later in February 2016. In his original statement….

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Estate Planning

Credit given for improvement costs funded by beneficary where property owned by a trust

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The Canada Revenue Agency was recently asked whether the cost of capital improvements made to a real property that is held by an inter vivos trust is included in the adjusted cost base (ACB) of the property and in the ACB of the capital interest of the beneficiaries that have borne the cost of the improvements…..

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Canada Revenue Agency, Estate Planning, Executors, Real Estate, Tax Issues

Capacity to execute a Will or POA: “Who and why” may be more important than “what”

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I write as a clinician directed by case law or statutory law when assessing the capacity of a testator or an individual executing Powers of Attorney. The criteria set out in case law (Banks v Goodfellow) for testamentary capacity have traditionally been weighted toward the notion of “what” the testator knows about their assets and their potential beneficiaries.  To be fair, there is a provision (somewhat vague) about the appreciation….

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Capacity Law, Contested wills, Estate Planning, Powers Of Attorney and Guardianship Disputes
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