Fiduciary Professions – Page 2

Update on Suggested Amendment for Capacity to Consent to MAiD

Dr. Richard Shulman • October 27, 2022 • 1 Comment

I suggest “an appreciation of the impact MAiD will have on family members and friends” be included in fulfilling the proposed amendment of the appreciation test for consenting to MAiD. The proposed amendment would not mandate being bound by others’ opinions, but that that lack of ability to appreciate the views of one’s significant others would demonstrate a lack of ability to apply the relevant information to one’s circumstances…..

Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying, Testamentary Capacity, Undue influence

Estate Trustee Compensation – Discretionary Factors

Gillian Fournie • August 31, 2022 • 1 Comment

Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

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Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

The Value of Canadian Tire “Money” in Estates

Guest Blogger • June 15, 2022 • 0 Comments

Canadian Tire “money” has been distributed by Canadian Tire stores for almost 65 years. While CT Money is often dismissed, it may be a mistake to ignore the bills as a potential asset of the estate…..

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Estate Administration, Executors, Fiduciary Professions, In the News, Investments, Property, Succession Planning, Trustee, valuation

Evidence of Contempt – More than Hearsay

Gillian Fournie • April 20, 2022 • 0 Comments

If alleging contempt, more than hearsay evidence is required…..

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Courts, Credibility, Estate Litigation, Family Conflict, Fiduciary Professions, Liability, Passing Of Trustees’ and Executors’ Accounts, Trusts

Proving Charitable Purposes

Gillian Fournie • February 2, 2022 • 1 Comment

Charitable purpose trusts are given special status in the law. While most other types of trusts must have a clear end date, charitable purpose trusts may live forever. All other types of trusts have to have specific and defined beneficiaries, yet charitable purpose trusts may exist in order to further a “charitable purpose.” While courts are generous in determining whether the purpose of a trust is charitable, there are clear….

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Charitable Giving, Estate Administration, Estate Donations, Estate Planning, Fiduciary Professions, Philanthropy/Charitable Giving, Trusts

Don’t Assume You Can Access Your Money

Karen Watters • December 22, 2021 • 0 Comments

Litigation can be expensive. At the forefront of the minds of many parties is the question of how to pay the legal costs. Sometimes the money that a party needs (or wants) to access in order to pay for the litigation is at the centre of the dispute. This can be the case in estate litigation when there is a question of who owns an asset, such as multiple beneficiaries….

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Costs, Courts, Fiduciary Professions