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Estate Planning and the Indian Act

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management   Estate planners and administrators must consider a variety of factors when assisting clients. We often speak about tax planning, insurance, and considerations for different types of assets including jurisdiction. We speak about residency for tax purposes, citizenship and typically ask where prospective executors or beneficiaries reside. Several blog posts over the past year have examined….

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POWERS OF ATTORNEY FOR CARE – THE SOFTER SIDE OF ESTATE PLANNING

This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management  Many of my estate planning conversations revolve around what I call the “hard topics” – such as, how do I save on taxes? Should I avoid probate? Do my children need a trust? However, one of the most important decisions you can make as part of your estate plan is who is going to take….

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Charitable purposes and estate donations

Estate planning is an exercise in time travel.  It is impossible to predict the future, especially when the time gap between planning and death is often decades.  Fast forward 25 years, a charity may not exist when the estate is distributed. Charity law identified this problem and a solution to it over 500 years ago. The solution is the charitable purpose in a charitable trust.  In trust law there are “object trusts” that….

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

Gefen Estate v. Gefen

The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married for 65 years. They were Holocaust survivors who came to Canada in 1951. They had three sons: Harvey, Harry, and….

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Appeals, Capacity Law, Estate Administration, Estate Litigation, Family Conflict, Joint Tenancy, Power of Attorney, Real Estate, Testamentary Capacity, Uncategorized, Undue influence, Wills

Analog Art, Analog Assets

For my last blog post, I discussed the potential financial value of an individual’s “personalty” and clauses in wills governing such personalty. While an individual’s more traditional assets may include bank accounts, real estate or vehicles, there may also be some other personal items (e.g. collections) that may have significant financial value for an estate. I’d like to discuss “physical” assets a bit more, this time focusing on assets they….

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Estate Administration, Estate Planning, Uncategorized, valuation

In the matter of the Estate of John Ihnatowych, deceased

This Blog was written by Jane Martin, Scotia Wealth Management In the matter of the Estate of John Ihnatowych, deceased[i] In late March of this year, a decision of Justice A. Sanfilippo was released, rectifying the will of the late John Ihnatowych (the “Deceased”). The decision prompted me to consider how best to identify beneficiaries in a will – is it better to use class descriptions or to use specific names….

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