Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP The original copy of a last will and testament is lost and cannot be found… now what? Losing an original copy of a will does not necessarily mean that it is no longer legally binding or invalid. Where a copy of the original will exists, a party may make an application to the court to have….
Many older people are choosing the option of ‘aging in place’ at home, and as they age, some will have complex health care and personal care needs. To effectively plan for care and manage the care journey, the person responsible for managing their care will need easy access to secure online health information that is available anywhere, anytime, on any device. The previous blog in this series, entitled Aging in….
Aging in Place 2: Access to Online Health Information Continue Reading »
Caregiving, Elder Care, Elder Management, Geriatric Care Management, Healthcare, Smart AgeingIt is important to consider estate planning objectives when entering into real estate transactions. For example, a client may intend to retain control of real property in that they intend to be able to dispose of it on death. However, if the relevant estate planning objectives are not identified and considered at the time of the transaction, other goals may be prioritized instead; this may result in the structure of….
Taking Back Control of Real Property Continue Reading »
Estate Administration, Estate Planning, Property, Real Estate
This post is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Individuals have considerable testamentary freedom in Ontario (and other provinces). The ability to distribute an estate how you choose, is a common law principle that is deeply entrenched. In Ontario, and most provinces, the court has limited ability to interfere with a testator’s private testamentary dispositions. As the Court of Appeal in Spence stated, “no one is….
Identifying Dependants Continue Reading »
Dependant Support, Elder Care, Estate Planning
Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP What happens when the right of survivorship in a property is gifted, but the donor then severs the joint tenancy of that same property? This was exactly the case in Jackson v. Rosenberg, 2023 ONSC 4403. The answer is quite riveting: the severance of the joint tenancy only eliminated the right of survivorship in the donor’s….
Right of Survivorship or Severance of a Joint Tenancy… Which One Prevails? Continue Reading »
UncategorizedGood morning, as readers may know I consult directly to Financial Institutions, advisors and their clients as well as providing direct ‘Wellness Consultations’ with older adults and their families. I was recently interviewed in Matters BeyondWealth, by Leanne Kaufman CEO of Royal Trust. A great podcast series that I encourage you to explore. In this latest podcast we discuss the main questions I am asked during these Wellness Consultations and….
Important Conversations Continue Reading »
Elder Care