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Artist Foundations

In the U.S. there is a generation of contemporary artists who have never been richer and they are endowing – with art and money – some significant foundations. Cy Twombly Foundation, for example, reportedly has assets of over $1.5 billion. There is even a support initiative called the Artist-Endowed Foundation Initiative, which seeks “to strengthen the charitable impact” of these entities. In Canada, the tradition of the artist foundation is….

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Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Powers of Attorney for Property – Part III: Drafting Considerations for specific provisions

This blog has been written by Pritika Deepak, Associate at Fasken LLP. The final part of this three-part blog series discussing Powers of Attorney for Property (“POAs”) in Ontario, will focus on specific provisions and some considerations to keep in mind when drafting these documents. Specifically, it will provide a high-level overview of the use of multiple POAs, considerations for appointments, and conflict of interest provisions in POAs. Multiple POAs….

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Estate Planning, Power of Attorney, Succession Planning, Uncategorized

International Mediation in Estate Disputes

*The following blog was written by Sharon D. Davis* Human relationships are marked by conflict. When family dynamics, money issues and the death of a loved one are thrown into the mix, that conflict often ends up in estate litigation. Mediation has become a mainstream way of dealing with estate disputes in Canada. Mediation is a private negotiation process facilitated by a neutral third party (the mediator). This process is….

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Mutual Wills: Pros & Cons

Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP When deriving an estate plan, it can sometimes be difficult to balance the needs of one’s spouse or partner against the wish to benefit (and protect) the next generation. While perhaps less relevant or compelling when a couple is young or share the same children, the concern becomes more poignant when such spouse….

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Estate Administration and Probate Applications, Probate Tax, Uncategorized, Wills

Can a Court Create a Henson Trust Post-Death….Find Out Here:

Kira Domratchev, Partner, Gowling WLG (Canada) LLP Many of us are familiar with the concept of a Henson Trust, as it comes across our desks fairly frequently, both in the context of litigation and planning. A Henson Trust is a trust where the trustee is given an absolute and unfettered discretion such that a beneficiary could not compel the trustee to make payments to them. For that reason, a beneficiary’s….

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Healthcare, Uncategorized

A Call Out for Screening and Standardized Assessment of Decision-Making Incapacity Validated by Research

The determination of decision-making incapacity is time, task, and situation specific, and can be quite complex.  This complexity is in part caused by a lack of reliability and standardization when it comes to determining capacity.  In turn, this lack of reliability and standardization is caused by, among other things: biased or unattainable corroborative information, potential outcomes, risks, social conflicts, and impacts on family or supportive friends. All of these factors….

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