What Happens if Something Happens to your Executor? – Part Two

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It is very difficult to plan for every possible scenario when you are drafting your will. Not only is it important to consider who to name as your executor, but you also need to think about what would happen if something happened to your executor. In an earlier blog, I looked at what happens if an executor dies before the testator and offered some practical considerations. Today’s blog will explore….

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Estate Administration, Estate Planning, Executors, Trustee

Dia De Los Muertos: grief and joy

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Autumn is my favourite time of year. It’s often frantically busy with work, but when I have a chance to lift my head up from year-end responsibilities, I savour the reminders of abundance, the wealth of the harvest in this corner of the world, and the crisp cool air is refreshing to me after the hazy heat of summer and the bitter cold of winter. Throughout the world this season….

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Funeral Planning, Grief, Grief, Uncategorized

Production motions: the bar is higher than you think

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A recently released decision, Giann v Giannopoulos, 2023 ONSC 5412, provides clarity on a question that frequently arises in estate litigation: what information is a party entitled to from the deceased’s personal records and documents? This case, heard by Justice Myers of the estate list in mid-September this year was a motion by the Applicants for orders providing them access to the legal, medical and financial records of their deceased….

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Contested wills, Credibility, Estate Litigation

Capacity Evaluation: the Role of Corroborative Information

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In clinical geriatric psychiatry, it is an accepted standard of care to obtain corroborative information when conducting clinical evaluations.However, medical-legal tasks of capacity evaluation, such as for the evaluation of capacity to instruct counsel, testamentary capacity and possibly even capacity to appoint powers of attorney, may require strict confidentiality which prevents obtaining corroborative information from informants. As a result, obtaining corroborative information for capacity evaluation in this context is more complex than in clinical care…..

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Uncategorized

Aging in Place: Who Coordinates the Coordinators in Complex Care Situations?

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A hand holds a red puzzle piece over grey pieces on a table.

As our population ages, more people are faced with caring for an elderly family member who wishes to remain at home despite their complex health and personal care needs. A few years ago, I wrote an article about the proliferation of healthcare coordinators, navigators, and community care coordinators trying to help patients and their caregivers cope with transitioning to care in the home. The proliferation continues. More people want to….

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Caregiving, Elder Care, Elder Management, Geriatric Care Management, Healthcare

Exercise Caution: Different Countries – Different Tax Regimes at Death

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This blog has been written by Rahul Sharma, Partner at Fasken LLP A couple of recent telephone calls reminded me of the perils of estate and tax planning that crosses borders without proper planning. The first case is regrettably quite common.  An entrepreneur in the technology sector (we will call him “John”) is a resident of Ontario.  John partners with other like-minded, and equally talented, entrepreneurs based in the United….

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Estate Planning, Tax Issues, U.S. Citizen, United States, US Taxes
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