Estate Planning

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Suggestions to Reduce the Potential for Elder Financial Abuse

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I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property…..

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Capacity Law, Caregiving, Elder Care, Estate Planning, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes

A Royal Estate

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  Prince Philip, Duke of Edinburgh was born on June 10th, 1921 and passed away on April 9th 2021, at the age of 99. The Duke was born Prince Philip of Greece and Denmark but abandoned these titles and styles, becoming a naturalized British subject before his engagement to Elizabeth (as she then was). Philip had four….

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Estate Planning, In the News, International, Wills

Can a McDonald’s Paper Napkin be a Valid Will?

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We know that a suicide note can constitute a valid will in British Columbia, and possibly in Ontario. However, can a will written on a paper napkin from a McDonald’s restaurant be a valid will in Saskatchewan? This was interesting issue was addressed in Gust v. Langan. The Facts Six months before he passed, testator Philip Langan was dining at a McDonald’s restaurant in May or June of 2015 when….

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Estate Planning, Family Conflict, Interest

Where There’s a Will, There’s a Way

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Can a suicide note be a valid holograph will? Maybe, and it depends upon where you live. The Ontario case of McGrath v. Joy, which decision was released at the end of 2020, dealt with whether a suicide note was a valid holograph will. My colleague, Rebecca Studin, recently blogged about the case, where it was found that the suicide note was not a valid holograph will. The judge commented,….

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Estate Litigation, Estate Planning, Wills

Death, taxes and cryptocurrency

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Everyone knows that you can’t avoid the tax collector, and death is no exception.  Under the Canadian Income Tax Act, on the death of an individual subsection 70(5) will trigger a deemed disposition of all the deceased taxpayer’s capital property at fair market value thus taxing any accrued capital gains in the deceased’s final tax return.  There is an exception to this deemed disposition rule which will defer the taxation….

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Estate Planning, Executors, Tax Issues

New Privacy Legislation Aims to Address Digital Assets in Estate Administration

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Practitioners and clients alike have come to realize that there can be numerous legal challenges to administering a testator’s digital assets, including, among them, ambiguous or restrictive privacy legislation. For most Canadian provinces,[1] the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) does not appear to grant executors, trustees, or personal representatives any powers or capabilities with respect to the disclosure of a testator’s personal information. However, in November 2020,….

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Contracts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Power of Attorney, Property
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