BILL C-62 – Delays the inclusion of mental illness from MAID eligibility

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Everyone knows the tragic Shakespeare tale of how Juliet awakens from her “death” to discover that her love Romeo had taken his life, believing that Juliet had really died.  Juliet, in her own state of sorrow, stabs herself with a dagger and is joined forever with her love Romeo. This week, it was announced that the former Dutch Prime Minister, Dries van Agt and his wife Eugenie van Agt-Krekelberg passed….

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Capacity Law, Family Conflict, In the News, Medical Assistance in Dying, Uncategorized

Donating Internationally

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Canadian donors who wish to support foreign charities and international charitable initiatives have historically had limited options.  While there are about 3,000 registered charities with international activities and another 700 foreign universities with qualified donee status, there are coverage gaps.  It’s a big world with lots of needs. Starting in 2022, new rules were introduced that enable Canadian charities to make grants to non-qualified donees.  To translate, these are organizations….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving

Automatic Vesting (Lazy Executors Hate This One Simple Trick!)

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An estate trustee is responsible for distributing the property of the deceased to those who are beneficially entitled to it (either in accordance with the terms of the relevant testamentary instrument or, where there is no such instrument, in accordance with the rules set out in the relevant legislation). What happens when an estate trustee ‘forgets’ to distribute some of the deceased’s property? In Ontario, Section 9 of the Estates….

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Estate Administration, Property

Who is the Settlor?

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Who is the settlor? A simple question but many take the answer for granted; essentially, the Deed of Trust indicates the settlor and a paragraph confirms the settlor’s intention and defines the settled property. A trust is established only upon the settlor expressing his or her wishes to create a trust and transferring property (referred to as the “settled property”) to the trustees of the trust. Is this sufficient to….

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Succession Planning, Trusts

Romance (Scams) Are In the Air

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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.

Around Valentine’s Day, love is in the air, and so unfortunately, are romance scams. The Canadian Anti-Fraud Centre reported that romance scams skyrocketed[1] during the massive shift online caused by the COVID-19 pandemic, especially among older adults. Romance scams are now one of Canada’s most common frauds. As advisors, it is important that we educate our clients and families on the rising incidence of romance scams and actively discuss how people fall victim…..

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Elder Management, Smart Ageing

Firearms, Wills, Estates, and the impact of Bill C-21

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Bill C-21- An Act to amend certain Acts and to make certain consequential amendments (firearms)   This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Estates practitioners should be aware that Bill C-21, the controversial legislation which imposes strict gun control provisions Canada-wide, received Royal Assent and became law on December 15, 2023.  Bill C-21 amends several federal statutes, including, inter alia, the Criminal Code of….

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Estate Administration, Estate Planning, Executors, Uncategorized, Wills
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