Recently a charity contacted me about a long-time supporter who had just died. The late donor intended to make a bequest of valuable artwork, but the gift was not mentioned in her will. The family and executor were willing to donate the art on the condition that the charity provides a receipt to the estate. Should the charity do it? The short answer is “no”. If a gift is not….
Is it really a Gift by Will? Continue Reading »
Estate PlanningThe breakdown of a marriage or common law relationship can raise a host of complex legal issues both for the living and the dead. One issue that seems to crop up again and again is life insurance proceeds and who should benefit. ….
The Beautiful And Damned (with apologies to F. Scott Fitzgerald) Continue Reading »
Estate Litigation, Estate Planning, InsuranceSome fancy footwork may be required to get one last shot at using the remaining capital gains exemption where the deceased’s intention is to transfer his or her assets to a spouse.
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Capital Gain Exemption on the Terminal T1 Return Continue Reading »
Estate Planning, Executors, Small Business, WillsThe task of writing a Will and planning for the disposition of one’s assets after you’ve departed our lovely earth has often been inappropriately considered by some to be a “simple” task…..
Will Planning – no simple task… Continue Reading »
Estate PlanningThe proposed budget includes some gains for the older voter. As more of us are getting older and with the decline of the growth rate, who will be looking after us? 90% of seniors live in the community; most having care provided by an unpaid family caregiver…..
The budget and our current state of affairs- how are we doing? Continue Reading »
Elder Care, Estate Planning, In the NewsA person who is over the age of 18 is presumed to be capable of entering into a contract, and the rest of the world is entitled to rely upon this presumption unless they have reasonable grounds to believe otherwise. However, the court in England was recently asked the question of whether a solicitor dealing with an elderly person had “no reasonable grounds to suspect incapacity”; to prove the negative and to set a standard with respect to the issue of contemporaneous notes.
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Presumption of Capacity and Duty of a Solicitor Continue Reading »
Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict