Your Wish is my Command

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A guardian or attorney for personal care has a duty to make decisions in accordance with an incapable person’s wishes or instructions as they were when the person was capable. The guardian or attorney also has an obligation to try and ascertain such wishes and instructions. If it is impossible to ascertain someone’s wishes, the guardian or attorney must make decisions that are in the person’s best interests.[1] However, even….

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Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Wish lists are for more than just the holiday season

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This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time of year also tends to be one filled with gift-giving and showing love to the special people in our lives…..

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Elder Care, Estate Administration, Estate Planning, Family Conflict, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Uncategorized, Wills

Navigating Challenging Holiday Experiences and Estate Planning: A Balanced Approach

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This blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP. The holiday season can be a time for joy, love, and togetherness – it can also be a time for drama, stress, and conflict. Simmering tensions at family gatherings can cause situations that sometimes leave lasting impressions. In the aftermath of a negative experience with family, it’s natural for emotions to run high, in some cases….

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Estate Administration, Estate Planning, Executors

Nuns and Money with Purpose

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[caption id="attachment_20570" align="aligncenter" width="421"] Booth Residence, Cornerstone Housing for Women, Ottawa[/caption] It’s the holidays.  A time for giving, family, and tradition.  The holiday mood inspired me to think about “money with purpose” that passes from one generation to the next – a bit like holiday traditions. Seeing my mother last weekend triggered these thoughts.  She reminded me of a story of how she led a campaign in Ottawa over a decade ago to….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Father Time: A Limitation Period Refresher

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As the holiday season is upon us and the new year approaches, many of us are thinking about time. For those in the litigation world, time, and more specifically, limitation periods, should always be top of mind. This blog serves as a refresher for some of the limitation periods that apply to different estate-related issues. Basic Limitation Period It is well known that generally, a proceeding shall not be commenced….

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Contested wills, Courts, Dependant Support, Estate Litigation, Limitation periods, Uncategorized, Wills

What Makes an Indigenous Trust Unique?

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What makes an Indigenous trust unique from other inter vivos trusts? Two factors in particular are worth noting: (1) the nature and involvement of the beneficiaries of the trust, and (2) the manner in which Indigenous entities as settlors can utilize the income attribution rule under s 75(2) and their tax-exempt status under s 149(1)(c) of the Income Tax Act…..

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Canada Revenue Agency, Tax Issues, Trusts
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