As professionals, we need to be alert to signs of incapacity in our clients, and we need to remember that some barriers to communication may look like signs of incapacity…..
Red Flags for Incapacity Continue Reading »
Capacity Law, Elder Law, Estate PlanningThere is no global test for capacity. Capacity is a task specific concept. The threshold capacity for making a Will is not necessarily the same as may be required for managing a simple bank account or for providing investment instructions in respect of a multi-million dollar portfolio. What should we be looking for when dealing with older clients wishing to prepare a Will?….
Coffee, Bicycle, Purse Continue Reading »
Capacity Law, Estate Planning, U.S. Citizen, United States, US TaxesIn Newell v. Newell (2011 ONSC 3228), the court awarded full indemnity costs to both parties to a guardianship dispute, despite the fact that neither party was wholly successful and the application and cross- application had become moot as a result of the death of the incapable mother…..
Newell v. Newell: Full Indemnity Costs Awarded to Both Parties Continue Reading »
Capacity Law, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship DisputesMore often than not the lost items relate to trusts and estates which have made filings without an account number. If and when found by the CRA, the agency would look to assess penalties and interest for late submissions…..
Trust and estate account numbers Continue Reading »
Canada Revenue Agency, Estate PlanningIn a previous blog, I wrote about some non-tax related small business estate planning issues to consider upon the death of a sole proprietor. In this blog, I wanted to touch on some non-tax issues affecting owners of small businesses that are structured as either partnerships or limited partnerships…..
Small Business Estate Planning Issues: Death of a Partner Continue Reading »
Estate PlanningFinances for many, are a very private matter- so your parent may not tell you if they are having difficulties. There are several things you can do to minimize the risk…..
Financial Abuse, When Numbers Don’t Add UP. Continue Reading »
Elder Care, Estate Planning, Geriatric Care Management