Wills

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Could a “non-human person” ever be a beneficiary of a will?

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Today’s blog comes to you from Student-at-Law, Demetre Vasilounis. In 2013, the Government of India’s Ministry of Environment and Forests ignited a discussion in the international legal community by deciding to prohibit dolphinariums as well as any enterprise that involves the import or capture of cetacean species (dolphins, whales, porpoises) for the purposes of commercial entertainment. This was notable because the Ministry suggested that dolphins in particular should be seen as “non-human….

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In the News, Wills

Annulled Charities

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Annulment is one of those antiquated words the whispers “convenience” and “pragmatism”.  Failed or incomplete marriage?  Divorce not an option? A Church-granted annulment will set both partners free.  Annulment is also a term in the Income Tax Act that applies to registered charities and registered amateur athletic associations. It’s rarely used, and the rules, as with marriage, are forgiving and practical. 206 Annulments The CRA database of registered charities currently lists 206 registered….

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

Passing of Accounts –Made to Measure (Law)Suits

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A passing of accounts is the process whereby an estate trustee (or other fiduciary) provides the beneficiaries with a summary of all estate assets, liabilities, and transactions, in a given period. A passing of accounts can be done informally or through a court application. It provides transparency to the beneficiaries and protection to the estate trustee. Because the role of estate trustee is often filled by family members with little….

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Estate Administration, Estate Litigation, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Wills

Status Indians: From an Estate Planner’s Perspective

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This blog was written by Andrew Ashenhurst, TEP – Associate Estate and Trust Consultant with Scotia Wealth Management   A close friend of mine is actively involved in the Aboriginal space from both an economic and social development perspective. In his work he has often reached out to me with respect to Estate/Trust & incapacity planning topics. Through research and educating each other, I’ve learned of some interesting differences that….

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Estate Administration, Power of Attorney, Uncategorized, Wills

Difficult Conversations: With Our Children

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All of the writers (and presumably the readers as well) know the importance of having their ‘important paper’ work completed. For me, most importantly this means completing Powers of Attorney for both Property and Personal care as well as Advanced Care Directives. For you, perhaps the ‘most importantly’ may be the Will, but regardless we can all agree that these are all key documents for living (and for dying) well…..

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Power of Attorney, Wills

To Remove or Not to Remove… That is the Question (with apologies to the bard)

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Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from BC to spend two weeks with Mary while she was in hospital. Shortly after Laura….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Wills
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