Holly LeValliant

Guardianship Applications: What is Involved?

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This blog post was written by Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto If you do not have Powers of Attorney for Property and Personal Care, and it is necessary for someone to step into your shoes to make decisions about significant areas of your life, what happens?  In this article, I outline the process, in Ontario, of bringing a Guardianship Application to become the decision-maker for a person….

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Capacity Law, Guardianship, Power of Attorney

Patents as Estate Assets

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Patents What is the symbol of a true gentleman, if not his moustache?  The moustache guard was patented in 1876 to protect the user’s moustache during holiday feasts.  It was described in the patent application as a “curved and concave shield, which may be made of vulcanized rubber, metal or any other suitable material” and it promised to keep moustaches out of harm’s way while the user (inevitably) overindulged during….

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Estate Planning, Executors

Financial Fraud Against Older People: what are banks doing about it?

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“Your credit card starting with 4567 has been locked due to suspicious activity.  To restore access to your account, please verify your information using the link below.”  Older people are 33% more likely to lose money in a scam than any other age group, according to Elder Abuse Prevention Ontario, and only 5% of victims report it to the police.   Once someone has been defrauded, they are likely to be….

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Elder Care, Elder Management, Interest

If I were administering Taylor Swift’s Estate

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If I were administering Taylor Swift’s estate, I would have to continuously monitor her trademarked lyrics “This sick beat”, “Party like it’s 1989” and “Cause we never go out of style”, amongst others.  Generally, artistic works involve copyright to protect it from being used and sold by others.  But, as song titles and lyrics are not protected by copyright, Taylor Swift turned to trademark law to protect these valuable assets…..

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Estate Administration, Executors, Uncategorized

How to Get an Estate’s Bank Records (and why you need them)

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This blog was written by Holly LeValliant Bank records may be key evidence in estate litigation cases.  They can be the crux of a case where undue influence, financial mismanagement, or a history of dependant’s support are alleged. The bank may be the only practical source of information that would allow the parties to determine if the key facts of an estate litigation case can be proven.  Providing the bank in….

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Attorney Compensation – Can you count on it?

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“An application to pass accounts is more than a rubber stamping of an attorney for property’s accounts”, reminds Justice Graeme Mew in Re Andriesky Estate, 2022 ONSC 242. In most circumstances, an attorney for property is entitled to the percentage formula in the Regulation. Ontario Regulation 26/95 made under the Substitute Decisions Act provides: 1. For the purposes of subsection 40(1) of the Act, a guardian of property or an….

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