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I am Ready and Willing – When do I Start? Activating a Power of Attorney for Property

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This article is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust.   A Power of Attorney for Property is a document which allows an individual (grantor) to appoint and authorize a substitute decision maker. In Ontario, the substitute decision maker is referred to as an “attorney.” The named attorney or attorneys typically have a broad scope of power and under section 7(2) of the Substitute Decisions Act (the….

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Estate Planning, Power of Attorney, Property, Uncategorized

The Government of Ontario on Mental Capacity

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The Government of Ontario has a website specifically dedicated to issues concerning and relating to mental capacity (the “Website”). The Website is a place where individuals can learn more regarding mental capacity, how it is evaluated, who evaluates it, and how to appeal a finding of incapacity. Of course, these are the types of issues which are often engaged in the world of estate litigation. The Website links readers to….

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Estate Litigants Take Note: Interest on Litigation Loans Are Recoverable

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Litigation is not cheap.  Some litigants have little choice but to fund the litigation through loans provided by litigation lending companies.  While litigation loans may be more common in certain practice areas, such as personal injury, it is possible to obtain this type of loan for estate litigation. This is precisely what the applicant did in Drennan v Drennan, 2024 ONSC 3905 (CanLII) (“Drennan”), a recently reported decision of Justice….

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Disclaim or Renounce? What’s the difference?

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This blog was written by Pritika Deepak, Associate at Fasken.  How often have you heard of people turning down gifts? It may happen on TV but does it happen in reality? Surprisingly, yes. Although uncommon, in an estates context, there may be situations where a beneficiary does not want their gift. There may, for example, be a situation where the gift has conditions which are too difficult to fulfil, or….

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Canada Revenue Agency, Tax Issues, Uncategorized, Wills

Can You Trust This Purpose? (And Some Local Rugby History)

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This blog post was written by Darren G. Lund, a Partner at Fasken LLP I recently had occasion to work with a type of trust that is less common for estate planners than the typical testamentary or inter vivos family trusts we see every day: the non-charitable purpose trust. Coincidentally, there is a relatively recent decision of the Ontario Superior Court of Justice that provides a succinct summary of the….

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Trusts, Uncategorized

When Can Estate Trustees Sell Real Property?

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In Sheffield (Estate) v. Sheffield, 2024 ONSC 3627, the Court considered an executor’s authority to sell real property subject to a life interest. Katherine Markolefas and Bradley Sheffield were brother and sister. Katherine and Bradley were the children Gary and Donna Sheffield. Gary owned a residential property in Picton, Ontario. In Gary’s Will, he named Katherine as his estate trustee. Under Gary’s Will, Donna, his wife, was granted a right….

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