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Capacity Evaluation: the Role of Corroborative Information

In clinical geriatric psychiatry, it is an accepted standard of care to obtain corroborative information when conducting clinical evaluations.However, medical-legal tasks of capacity evaluation, such as for the evaluation of capacity to instruct counsel, testamentary capacity and possibly even capacity to appoint powers of attorney, may require strict confidentiality which prevents obtaining corroborative information from informants. As a result, obtaining corroborative information for capacity evaluation in this context is more complex than in clinical care…..

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Testamentary Charitable Trusts

[caption id="attachment_20431" align="aligncenter" width="517"] Morris Minor 1000, 1963  (Source: Wikipedia commons)[/caption] From the 19th century to about 1990, the testamentary charitable trust was an important estate planning structure.  These trusts are part of the will and are funded after death from estate assets.  At one time, testamentary trusts were the primary way for an individual to support one or more charities or charitable purposes after death.  But they have been….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

No good deed goes unpunished by the CRA

Part I – Personal Attribution This blog has been written by Pritika Deepak /Associate at Fasken LLP Gifting property or making loans to family members is a common way for individuals to transfer and share their wealth with their loved ones. There are, however, several rules in the Income Tax Act (Canada)[1] (the “Act”), commonly referred to as the attribution rules, which prevent or restrict an individual from “income splitting”…..

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Canada Revenue Agency, Estate Planning, Real Estate, Tax Issues, Uncategorized

Chain of Executorship

THIS BLOG WAS WRITTEN BY ANTHONY PRANATA, ESTATE & TRUST CONSULTANT, SCOTIA WEALTH MANAGEMENT   What is harder than being the executor of an estate? Being the executor of two estates simultaneously. If you are thinking there is no way this would happen to you as long as you are only appointed in one Will, think again. By accepting one executor appointment, you may become responsible for the estates of….

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Can a Revoked Will Be Revived by a Holograph? 

In Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Court considered whether the new, curative provision under s.21.1(1) of the Succession Law Reform Act  (“SLRA”) was available to revive a Will revoked by a subsequent marriage. Facts:  Harold Franklin Campbell died on June 11, 2020. He was survived by his two children of his first marriage, Christopher and Lisa, and his second wife, Carol. Following the death of his….

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