Summary Judgment in Estate Litigation, and the Role of a Financial Advisor as a Witness

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It is widely known by estate litigation lawyers that the courts are clogged with disputes, often leading to lengthy delays in the obtaining hearing or trial dates.  Summary judgment is one way that the courts can decide cases efficiently.  To achieve a just result, a lengthy trial with oral testimony is not required in every case, and where a trial can be avoided, court resources can be allocated elsewhere.   A….

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Estate Litigation, Undue influence, Wills

The End of Zoom Wills?

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In order for a Will to be valid, the testator must sign in the document in the presence of two witnesses. During the COVID lockdown, numerous jurisdictions, including Ontario, enacted emergency legislation permitting the virtual or video commissioning of Wills. These measures enabled the testator’s signature on the Will to be witnesses by people who were not physically present in the room with the testator. While virtual Will commissioning in….

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The Importance of the U.S. Federal Transfer Certificate

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Canadians often misunderstand (or are unaware) that the U.S. estate tax may apply to their estate.  Indeed, if a Canadian dies owning U.S. situs assets with a gross value exceeding USD $60,000, their estate will have to file a U.S. estate tax return and, depending on the worldwide fair market value of their estate, could be subject to U.S. estate tax. From an estate administration perspective, one of the challenges….

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Executors, IRS, Succession Planning, Tax Issues, U.S. Citizen, United States, US Taxes

Plan Well Before Moving an Elderly Person Across the Country

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senior-man-smiling-confident-holding-blackboard-new-home

Moving a household from one place to another is near the top of the stress scale for most of us. With a rapidly aging population, families may consider moving an elderly person from one part of the country to another for various reasons. Major moves are disruptive and bring substantial change on multiple levels, which can eventually affect a person’s physical and mental health. Without a well-thought-out plan, the results….

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Elder Management, Smart Ageing

Videos and Wills: Helpful or Harmful?

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Pictured: A screen grab from the music video for “Only Acting” by Kero Kero Bonito. It’s one of my favourite songs. It’s not quite about video wills, but it does show off some of the challenges of recording oneself. What are Video Wills? Some practitioners have floated the idea of a “video will” as the next way in which technology will impact the world of trusts and estates. A “video….

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Capacity Law, Contested wills, Elder Law, Estate Planning, Family Conflict, Practice Management, Testamentary Capacity, Wills

How to talk about death and dying: morbid curiosity welcome

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I may be ghoulish, but I think not. I am quite interested in talking about death and dying. I’m the daughter of a former hospice nurse, a former student of a high school teacher who spent an entire term teaching about death and dying as part of a world religions class, and was a nine-year old child the first time I encountered death up-close and personal. I’ve grown comfortable and….

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Grief
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