Financial Issues: An Early Warning Sign of Memory Disorders

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With holiday shopping in full swing, friends and family must be alert for financial issues with older people. Financial scams are also rising as we get closer to the holidays. If an older person falls victim to scams or has new problems with banking or paying bills, this could be the canary in the coal mine for recognizing memory disorders. There is an emerging body of research linking problems with….

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Elder Management, Smart Ageing

Exploring Estate Planning through The Testament

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  My husband and I recently went on a trip to Peru to celebrate our 35th wedding anniversary. It was an adventurous 18-day tour, amazing but exhausting. One of my favourite parts was the beginning of our trip when we spent four days at an Amazon jungle lodge. Part of my reason for wanting to go on this trip, and specifically to the Amazon,[1] was because of a John Grisham….

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Estate Administration, Estate Planning, Family Conflict, Tax Issues, Testamentary Capacity, Wills

Gifting and Gift-Overs: Remember to include gift-overs this holiday season (and always)

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Law school requires reading an abundance of case law. I am sure that most lawyers have a few memorable cases that standout from their time in class (Lord Denning; the ginger beer snail etc.). There are cases that have stood the test of time; cases that caused a momentous shift in an area or aspect of law; and cases that have been in the news media and public discourse in….

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Charitable Giving, Estate Planning, Philanthropy/Charitable Giving

A long, long time ago…

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Some stuff happened, and now people are fighting about what exactly happened. To find out what happened, evidence is needed. In estate litigation, there are special principles and rules of evidence along with the usual ones to be considered. The recent case of Koutsovasilis v. Carreira, provides a useful summary of some of these. The Facts The case involved a dispute over ownership of a property between a woman by….

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Credibility, Estate Litigation

Not All Questions Are Appropriate for an Advice, Opinion or Directions Application: Discretion Must be Exercised by the Trustee, and not by the Court

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Anna Chen, Associate, Gowling WLG (Canada) LLP Often, estate trustees or trustees apply to the court for its opinion, advice or direction in respect to issues in the administration of the estates or trusts.  The questions put to the court may range from the interpretation of a clause in a testamentary instrument or questions as to whether the estate trustee or trustee has the authority to carry out certain steps….

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Estate Litigation

Of Millionaires and Migration

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Last week, I had the pleasure and privilege of being a panelist at the American Bar Association’s International Law Section conference in London, UK.  The focus of our discussion was millionaire migration.  Together with my co-panelists from different global jurisdictions, we discussed, most particularly, our observations of where high and ultra-high net worth people are….

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Estate Planning, Tax Issues, United States, Wills
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