APPOINTMENT OF GUARDIAN OUTSIDE OF THE PROVINCE – YAY OR NAY?

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The image depicts a desktop computer with a picture of a broken heart on the screen in a somber atmosphere to describe the theme of romance scams.

Kira Domratchev associate at Gowling WLG (Canada) LLP Just because you reside outside of the province, does not mean that you are unfit to act as guardian of an incapable person, particularly with the benefits of modern technology. In a fairly recent decision in Kierans (Re), 2023 BCSC 1841, the British Columbia Supreme Court, considered two competing petitions seeking committeeship (the equivalent term in Ontario is “guardianship”) of Bernard Kierans….

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Estate Litigation, Guardianship

Insights into Resolving Care Disputes – Part 1

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Managing the care of an older person can be one of the most challenging situations ever undertaken by a family or group of friends. And it is normal for some conflict to arise over the health and personal care needs and the many ways to address those needs. No two caregiving situations are the same. With a rapidly aging population, the number of care disputes is increasing, and professionals across….

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Caregiving, Elder Management, Family Conflict

Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part II

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  Happy Friday, everyone. As a reminder, this is Part II of a three-part blog series. Part I can be found at the following link: Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part I – All About Estates and Part III, to be posted August 30, 2024, will discuss estate planning in circumstances wherein there are U.S. beneficiaries…..

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Estate Planning, Tax Issues, Trusts, U.S. Citizen, United States, US Taxes, Wills

To My Attorney: “I Do Not Want to Move in with my Kids”

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

A question that often arises when discussing powers of attorney is whether to appoint the same person as the decision maker for property and personal care. although the roles are distinct at law, in practical terms there is a great deal of overlap. There are advantages of appointing the same decision makers for both roles, such as simplicity and consistency. However, different people may be equipped with skill sets which….

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Capacity Law, Power of Attorney

Indemnification of Estate Trustees and Blended Costs Awards: A Refresher

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A party needs leave to appeal when it is appealing only a costs decision. Leave was granted in the case of Pletch v. Pletch Estate, 2024 ONSC 1411 (CanLII) (Ont. Div. Crt) (“Pletch Estate”), where an estate trustee was not awarded any costs of the application.  In Pletch Estate the deceased died without a will. He had three children from his first marriage, two of whom were minors, and another….

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Beneficiary of a U.S. Estate – Now What?

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What are the tax implications if you are a beneficiary of a U.S. estate? Rarely do we consider the implications of a Canadian resident inheriting from a U.S. estate. From a Canadian Tax Perspective The general rule is the Canadian beneficiary shall receive their inheritance tax-free since the U.S. estate is deemed to have acquired the assets at fair market value (i.e. cost-base step-up). Further, if the executor is a….

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Estate Planning, International, Succession Planning, Tax Issues, Trusts, United States
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