Total 1065 Posts
“For most people in the developed world, conversations about such topics (as death) never take place. Young people remark in passing that they would rather be dead than go into a nursing home; that they do not want to die in hospital; that they do not want a drawn-out, agonising end. The closer that end is, the less it is talked about. The result is that hard choices are made….
The End of Life-Discussion Continue Reading »
Estate Planning, Home-Left, InternationalAmong other medico-legal concepts, the ‘lucid interval’ is a long held concept widely accepted in case law as a possible means of countering a challenge to testamentary and related capacities. In parallel, the clinical phenomenon of cognitive fluctuation has been considered a common element of several neurodegenerative disorders (dementias) including Alzheimer Disease, but especially prevalent in Vascular Dementia and Dementia with Lewy Bodies. In the spirit of the philosopher Karl….
Is there such a thing as a ‘Lucid Interval’ in dementia? Continue Reading »
Elder Care, Estate Planning, Home-RightDirectly designating a charity as the beneficiary of a registered retirement savings plan (RRSP) or registered retirement income fund (RRIF) has a number of advantages, but also a risk. A direct designation gift is arranged by naming one or more charities on the RRSP/RRIF plan documents. After the death of the plan owner (normally the second spouse post spousal rollover), the plan trustee pays the balance of the RRSP/RRIF directly….
Gifts of RRSPs/RRIFs by Direct Designation Continue Reading »
Estate Planning, Home-Right, Philanthropy/Charitable GivingThe background in Quinn vs Carrigan is well known to estate and family law litigators as the parties have been involved in extensive litigation, including two trials and two appeals. The first trial and its subsequent appeal, which focused on the issue of who is a “spouse” pursuant to the Pension Benefits Act, led to legislative changes in Ontario. A summary of that court of appeal decision can be found….
Calculating Dependant’s Support-A View from the Divisional Court Continue Reading »
Estate Planning, Home-Right, InternationalRecently I wrote about price adjustment clauses (PACs) in estate plan agreements. In the blog, I noted the fair market value for the purposes of PACs should be based on fair and reasonable methods. In a recent Canadian Tax Foundation bulletin, Richard Wise provided some additional observations on valuations which I think apply to not only to valuations for PACs but for estate planning arrangements in general and confirm some….
Valuations for estate planning arrangements: Some Tips and Traps Redux Continue Reading »
Estate PlanningI was recently asked about whether, and when, an attorney for property can make charitable gifts on behalf of a grantor. The answer depends in part on whether the grantor of the power of attorney (the “POA”) is capable of managing property at the time the gift is made. While the grantor is capable, the attorney-grantor relationship is mainly one of agent and principal.[1] The attorney’s primary responsibility is to….
When can an attorney for property make charitable gifts? Continue Reading »
Estate Planning, Fiduciary Professions, Home-Right