October 2021

Dementia, Health Law and Discharge Planning Challenges

• • 1 Comment

A clinical dilemma: a patient was diagnosed with dementia in the mild-to-moderate stage requested to be discharged home from hospital to live alone despite the opinion of the attorney for personal care and property that the patient is unsafe to do so. The clinical opinion was also that the patient could not live independently safely. This resulted in the need to confine the patient in hospital involuntarily under the Mental….

Dementia, Health Law and Discharge Planning Challenges Continue Reading »

Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Estate Donations of Private Company Shares

• • 0 Comments

One of the concerns about the “estate donation” rules when they were introduced in 2016 is illiquid property would be harder to donate and administer. Perhaps the most challenging type of illiquid property is private company shares. Five years of experience with the system has validated some concerns and produced planning solutions. Pre-2016 The “estate donation” rules, which were introduced alongside the graduate rate estate regime, are a significant departure….

Estate Donations of Private Company Shares Continue Reading »

Estate Donations, Estate Planning, Philanthropy/Charitable Giving

Increase In House Value Means $1.4 million Gift to SPCA

• • 1 Comment

For many people who own the house in which they live, their home is the most valuable asset in their estate. In many communities in Canada, house values have steadily increased over the last several years and particularly during the COVID-19 pandemic. This means that the value of an estate may be much greater at the time of the testator’s death than when the testator prepared and signed the last….

Increase In House Value Means $1.4 million Gift to SPCA Continue Reading »

Capacity Law, Charitable Giving, Contested wills, Estate Litigation

Feuding Families

• • 0 Comments

Why can’t we just get along? While the focus of many disputes has to do with money ( and likely the majority that proceed to trial) , my interest is with the disputes that occur on the care side. What I have seen in my many years working with caregiving families is miscommunication or  lack of communication. The adult children’s hurt feelings of bygone years and perception seems to further….

Feuding Families Continue Reading »

Elder Care, Family Conflict

Surprise…More Big Changes Coming to Estate Administration

• • 0 Comments

Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP “Change is the only constant” – Heraclitus. How is it possible that in one of the most traditional areas of law we are about to see even more big changes come into effect? Just as we get used to virtual witnessing, digital signatures, email service of documents, small estates certificates and e-filing, the Rules are literally changing again…..

Surprise…More Big Changes Coming to Estate Administration Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Uncategorized

Should you Remove an Executor?

• • 1 Comment

This Blog was written by Edward Ngo, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management As the autumn leaves begin to fall and the cold air catches our breath, I remind myself there is no such thing as a simple will or a straightforward estate. The same can be said for an executor named in a will, where each appointed family member or friend carries….

Should you Remove an Executor? Continue Reading »

Executors, Uncategorized
Scroll to Top