Valuations for estate planning arrangements: Some Tips and Traps Redux

Recently I wrote about price adjustment clauses (PACs) in estate plan agreements. In the blog, I noted the fair market value for the purposes of PACs should be based on fair and reasonable methods. In a recent Canadian Tax Foundation bulletin, Richard Wise provided some additional observations on valuations which I think apply to not only to valuations for PACs but for estate planning arrangements in general and confirm some….

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Estate Planning

When can an attorney for property make charitable gifts?

I was recently asked about whether, and when, an attorney for property can make charitable gifts on behalf of a grantor. The answer depends in part on whether the grantor of the power of attorney (the “POA”) is capable of managing property at the time the gift is made. While the grantor is capable, the attorney-grantor relationship is mainly one of agent and principal.[1] The attorney’s primary responsibility is to….

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Estate Planning, Fiduciary Professions, Home-Right

Young Carers: The Canadian Version

Statistics Canada released last week (Sept 24, 2014) the latest data on Young Canadians providing care. This information uses data from the 2012 General Social Survey on Caregiving and Care Receiving. In 2012, 27% of young Canadians between the ages of 15 and 29 provided some form of care to a family member. Grandparents were the primary care recipients. The study found that young carers typically spend about three hours….

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Estate Planning

Promise to Bequeath and Dependant Support Claims

In 2012 Justice Tausendfreund found a deceased had made a promise to bequeath his farm and cottage to his grandsons provided they worked on the properties for him which the grandfather did not do. After trial Justice Tausendfreund ordered the properties be conveyed to the grandsons in fulfilment of that promise (with a quantum meruit claim in the alternative; see Angela Casey’s September 18, 2012 blog). At the same time….

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Estate Planning, Home-Right

A Perfect Storm

First I read an article in Maclean’s titled Seniors and the generation spending gap (interestingy, the tablet edition has the more provocative title “Old and Loaded”) which discusses how today’s seniors are the “wealthiest generation in history”. Next, I read Audrey’s blog – September is World Alzheimer’s Month – where I learned that one in 10 Ontarians over the age of 65 has dementia.  We’re also told by 2031 all baby boomers will have….

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Estate Planning

Ethics and Lawyers

Starting October 1, 2014, the Ontario Rules of Professional Conduct (ROPC) are being updated with a number of new rules, the first big change since 2000.  While many of the changes will likely be of interest to practitioners, there are a number of new rules that are intended to more clearly set out the relationship between clients and lawyers and to protect the public interest. I have highlighted seven new rules….

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Estate Planning
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