How Can a Guardian or an Attorney for Property Enter Into a Domestic Contract on Behalf of a Mentally Incapable Person?

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Anna Chen, Associate, Gowling WLG (Canada) LLP An interesting question arose recently on how an attorney for property can enter into a domestic contract on behalf of the mentally incapable person. Part IV of the Family Law Act, R.S.O. 1990, c. F. 3 (“FLA”), sets out the provisions respecting “domestic contracts”, which is defined by section 51 of the FLA as “marriage contract, separation agreement, cohabitation agreement, paternity agreement or….

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Family Conflict, Spouse

Retirement Home Options – Choose Carefully to Avoid Costly Errors

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Cheerful seniors having fun while taking selfie at retirement community. stock photo

People are living longer, so we need to consider that they may not be able to live at home alone because of poor mobility or diminished capacity. So, planning where one wants to live should be at the core of one’s lifestyle plan. Families often suggest retirement home living when a person needs increasing assistance making meals, housekeeping, and looking after their day-to-day needs. It is crucial to choose suitable….

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Elder Management, Smart Ageing

Cross-Border Estate Planning for Immigrant Families

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This blog has been written by Mohena Singh, Associate at Fasken LLP. Last week I had the opportunity to attend the South Asian Bar Association North America Conference here in Toronto. The conference included three days of programming, meeting lawyers from across the continent and participating in conversations revolving around issues concerning the South Asian community. As a part of the programming, I moderated a panel on cross-border estate and….

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Uncategorized

The Foundation Perpetuity Myth

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The philanthropic community has a perpetuity obsession.  Critics of perpetuity believe that preserving capital, restricting payout, and existing forever is the pernicious norm.  Admittedly, for some foundations, perpetuity a sacred ideal, an aspiration that is sometimes unquestioned.  Foundations that “spend-down” are valorized as rare entities that value community impact over capital.  But the reality is more complex.  There is a long history of foundations that aren’t perpetual, and in Canada….

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Philanthropy/Charitable Giving, Uncategorized

Who holds the burden of proof when undue influence is claimed?

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A man photographs seagulls.

In the estates context, undue influence is often alleged in order to challenge a will or an inter vivos transfer of property, often a family home or cottage. When a party in a legal dispute alleges that there was undue influence which party bears the burden of proving (or disproving) whether this is true? Will challenges Generally speaking, if a will meets the criteria for formal validity, it will be….

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Elder Care, Estate Litigation, Joint Tenancy, Power of Attorney, Succession Planning, Testamentary Capacity, Undue influence, Wills

Inheritance Tax – Why should you care?

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The Canadian concept of taxing the deceased by deeming a disposition at death is contrary to many countries where the inheritance tax is paid by the heirs upon receiving money or properties from a deceased person. In other words, while Canada taxes the deceased on death, most countries – notably most countries in the European Union (EU) – tax the beneficiaries. Therefore, any proceeds received as a consequence of death….

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Estate Administration, International, Tax Issues
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