Taking the Extra Steps

Verifying the capacity of a testator prior to him or her executing a will is essential, and the test for testamentary capacity is well known to drafting solicitors and estate litigators. In particular, Banks v. Goodfellow provides that a person executing a will: (1) shall understand the nature of the act and its effects; (2) shall understand the extent of the property of which he is disposing; (3) shall be….

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Contested wills, Estate Litigation, Testamentary Capacity, Wills

Aging At Home and In Your Own Community: NORCS

These last few years have made many of us reconsider where and how we want to live in our older years. We have questions/concerns about where we will live, when we are no longer able to remain in our homes and this seems to be a topic discussed regularly.  Most times the conversation is triggered following the death of a spouse or an admission into hospital with the realization that….

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Caregiving, Elder Care

Mental Health and Estate Planning; How to Navigate a Changing Conversation

Today’s Blog was written by Emily Papsin, Articling Student at Fasken LLP On February 10th, the Ontario Court of Appeal released its decision in Joy v. McGrath. The court affirmed the application judge’s finding that Mr. Joy’s suicide note was a valid holograph will, and overturned his finding that Mr. Joy did not have the requisite capacity to make it. Though the Court of Appeal corrected the error of law….

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Uncategorized

Canadian Donation Incentives

I published a version of this blog three years ago to address the many questions on Canadian tax incentives for donations that I receive.  Since the questions keep coming here is a revised and updated version. Generous but Complex and Opaque Canada has the most generous tax incentives for charitable giving in the world, but few Canadian donors understand what they save and how the system works. Why the paradox? ….

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Philanthropy/Charitable Giving, Uncategorized

Best Gets The Rest: Doctrine of Ademption Alive and Well

In Canada estates and trusts law aims to give effect to a testator’s intentions. This principle is paramount and part of the rationale for the common law doctrine of ademption: if property which is gifted in a will no longer exists at the time of the testator’s death, the gift “adeems” or fails. In part, the doctrine assumes that a testator may have disposed of the property before his death….

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Uncategorized

‘Buy the Shoes- take 2

I have been hearing a lot of bad news lately. Contemporaries of mine who have either died or had major cardiac/cerebral events that were life threatening and forever life changing. It only takes a few of these tragic occasions to once again remind ourselves, that tomorrow is never guaranteed. I blogged on this theme last year, with the message of ‘buy the shoes’. That blog was dedicated  to Wendy L-….

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Elder Care
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