Estate Planning

Total 1076 Posts

Is there such a thing as a ‘Lucid Interval’ in dementia?

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Among 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….

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Elder Care, Estate Planning, Home-Right

Gifts of RRSPs/RRIFs by Direct Designation

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Directly 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….

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Estate Planning, Home-Right, Philanthropy/Charitable Giving

Calculating Dependant’s Support-A View from the Divisional Court

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The 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….

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Estate Planning, Home-Right, International

Valuations for estate planning arrangements: Some Tips and Traps Redux

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Recently 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….

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Estate Planning

When can an attorney for property make charitable gifts?

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I 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….

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Estate Planning, Fiduciary Professions, Home-Right

Young Carers: The Canadian Version

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Statistics Canada released last week (Sept 24, 2014) the latest data on Young Canadians providing care. This information uses data from the 2012 General Social Survey on Caregiving and Care Receiving. In 2012, 27% of young Canadians between the ages of 15 and 29 provided some form of care to a family member. Grandparents were the primary care recipients. The study found that young carers typically spend about three hours….

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Estate Planning
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