Estate Planning

Total 1082 Posts

Medical Emergency Cards – A Logical Follow-up to POAPCs

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As regular readers know, we occasionally invite guest bloggers to contribute to All About Estates  Today’s blog was written by Norman Bowley, a partner and chair of the Estates and Succession Group at Low Murchison Radnoff LLP . In my wallet you will find a plastic card the size of a credit card or driver’s license. It’s all dressed up with our firm’s logo, but it’s what it contains that’s important. Across….

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Elder Care, Estate Planning, Geriatric Care Management, Interest, Power of Attorney

Guardianship Decisions – The Sequel

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This Blog was written by: Natalie Rouse Last week I wrote about some basic matters to consider when appointing someone as a child’s guardian. The person named as a guardian in a will must have that appointment confirmed in court. Courts are more likely to accept the appointment of a parent as guardian versus a non-parent. However, if there’s no suitable other parent, or in the case where both parents….

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Estate Planning, Guardianship, Uncategorized

Dismal Results for Dreadful Estate Trustee

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A recent case of the Ontario Superior Court (Silva et. al v. Silva (Estate of)) demonstrates the wide remedies available to beneficiaries whose interests have been prejudiced by the misconduct of an estate trustee. Jose Lima Silva died without a will on June 24, 2015. He was survived by 5 children and appointed one of his sons, the respondent, as the estate trustee of his estate. The other four adult….

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Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Uncategorized

GAAR and 21-year rule planning

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The Canada Revenue Agency (CRA) was asked to comment on the implications of a transfer of property from a discretionary trust (Old Trust) to a Canadian corporation wholly owned by a new discretionary trust (New Trust). The 21-year deemed disposition rule provides that every 21 years in a family trust’s life, the CRA looks at the property in a trust as if it were the property of someone who had….

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Canada Revenue Agency, Estate Planning, Executors, Trusts

And the Oscar goes to………..

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This Blog was written by : Natalie Rouse   The 2017 Oscars are just around the corner and last year’s drama “Manchester By the Sea”, starring Casey Affleck and Michelle Williams, is sitting pretty. It has been nominated for a whopping 6 awards. It also recently won the Golden Globe for Best Actor, and was nominated in 4 other categories. The movie tells the story of Joe, who is a….

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Estate Planning, Guardianship, Uncategorized, Wills

Will Challenges and the Well – Acquainted Lawyer

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Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary capacity and by extension, in determining the validity of a will. Bachman v. Scheidt, 2016 SKCA 150 Bachman v. Scheidt….

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Contested wills, Credibility, Estate Planning, Family Conflict, Testamentary Capacity, Undue influence, Wills
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