Estate Planning

Total 1065 Posts

Leaving testamentary gifts vs giving while living – By: Yvonne Mazurak

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As others have previously noted on this blog, over the coming years, we will be witnessing an unprecedent transfer of wealth from one generation to the next. While much will be transferring by way of inheritance, some who are in a position to, might wish to consider transferring assets to their families and others while they are still alive. When deciding whether to make lifetime gifts, the first factor to….

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Estate Administration, Estate Planning, Uncategorized, Wills

What Happens When a Shareholder Party to a Transaction Becomes Incapable; Powers of Attorney for Property and Due Diligence Tips

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This is Part III of my saga on incapacity planning in a corporate context. Part I and Part II can be found respectively at: https://allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/, and https://allaboutestates.ca/what-happens-when-a-shareholder-voting-or-a-director-becomes-incapable-powers-of-attorney-for-property-and-shareholder-agreement-drafting-tips/. As a reminder, Part II addressed two situations that we, as estate planners, are commonly asked about: A director becomes incapable – who can sign for them? A shareholder (voting) becomes incapable – who can attend to governance regarding electing directors and officers….

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Capacity Law, Estate Administration, Estate Planning, Power of Attorney, Property

Estate Sleuthing

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As a law clerk working in the area of estate administration, we often have to act as “detectives”.  For example, we may have to conduct searches to determine whether or not the deceased had a Will.  We may need to track down the beneficiaries named in the Will or piece together a family tree and locate family members if the deceased died intestate.  We might have to search financial records….

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Estate Administration, Estate Planning, Executors, Wills

Planning the transfer of the a family vacation property

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This Blog was written by Natalie Melanson, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management This long Canadian winter has finally come to an end and Canadians can look forward to some great spring and summer long weekends and vacations. With the summer season upon us, the transfer of vacation properties to the next generation may come to mind, particularly with the aging baby boomer….

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Cottage, Estate Planning

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

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A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on the legal interaction between a deathbed marriage and a deathbed will. Case law on deathbed retainers and wills stand at….

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Estate Planning, Family Conflict, Interest, Uncategorized

What Happens When a Shareholder (Voting) or a Director Becomes Incapable; Powers of Attorney for Property and Shareholder Agreement Drafting Tips

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This is Part II of my saga on addressing circumstances of incapacity, Part I can be found at: https://allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/. Part II, being this blog post, addresses two situations that we, as estate planners, are commonly asked about: Director becomes incapable – who can sign for them? Shareholder (voting) becomes incapable – who can attend to governance regarding electing directors and officers and what can be considered at the shareholder agreement….

What Happens When a Shareholder (Voting) or a Director Becomes Incapable; Powers of Attorney for Property and Shareholder Agreement Drafting Tips Continue Reading »

Capacity Law, Estate Administration, Estate Planning, Power of Attorney, Wills
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