Activating Powers of Attorney for Property in Ontario.

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I happened to be on my google machine earlier today, doing a quick search of “activation of powers of attorney”. I found a rather upsetting website belonging to a member of the bar suggesting that a power of attorney ought to be activated “if the grantor dies”, and so here I am writing about the activation of powers of attorney for property.[i] I will leave a discussion of the effectiveness….

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Power of Attorney

Common Law Spouse Brings an Unjust Enrichment Claim

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In Lynk v Bennett Estate, a common law spouse brought an unjust enrichment claim against her late partner’s estate The Deceased, Mr. Bennett, had separated from his wife, Mrs. Bennett in 2004 but never divorced.  He entered into a common law relationship with Ms. Lynk.  They resided together for 15 years until his death. Mr. Bennett died without a will.  Mrs. Bennett applied to administer his estate. At the time….

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Estate Litigation

U.K. Inheritance Tax – It Could Apply

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Are you a U.K. citizen?  A simple question that may trigger many additional questions from the estate advisor if the answer is, yes. Why? Canada and the U.K.  impose income tax obligations on the basis of a taxpayer’s residency.  However, the current U.K. Inheritance Tax (IHT) applies to the much broader concept of domicile.  Therefore, someone may be exempt from U.K. income tax on the basis of residing in another….

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International, Succession Planning, Tax Issues

Plan Well to Relocate an Older Person Across the Country – Part 2

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An older woman is packing boxes in her living room.

Well before deciding to relocate an older person across the country, carefully consider the pros and cons. It can be far more disruptive, stressful, and costly than you might think. A well-thought-out plan created a year or more ahead of the move can decrease negative impacts and increase the chance of a successful move. Part one of this article reviewed why elderly people might be moving long distances, such as….

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Elder Care, Elder Management, Smart Ageing

Canadian State Funerals, a deep dive

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My dog and I have a habit of visiting our neighbours at least once a week. After Final Jeopardy, maybe on a Tuesday or Wednesday, I ask George if she wants to go visiting, and my little cockapoo loses her little dog mind, races to the door, and charges down the hall to the neighbours.  Generally the dog gains entry in much the same style as I imagine a cannonball….

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Funeral Planning

Chat, j’ai pété (and left a stink)

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Since the widespread launch of cheap, accessible, generative AI platforms like Open AI’s ChatGPT, Bing Chat, Google Bard, Cohere Coral, etc. we’ve all read the news articles and blog posts written using AI to show off the possibilities these new tools present. In the legal industry, there’s buzz around the potential applications of AI when it comes to drafting, research, and streamlining simple tasks. However, one BC lawyer has demonstrated….

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