A few weeks ago, I had a client go missing. He walked out of his house early one morning while his wife was still sleeping. He was found 24 hours later, having walked for miles. There are more and more stories of seniors who walk out of their homes and get lost. Not all turn out as well as they did for my client, who was found with only blisters….
Gone Missing….. Continue Reading »
Elder Care, Geriatric Care Management, Home-LeftThe recent decision in Taylor-Reid v Taylor may seem to be the typical case of an adult child claiming that, ‘dad’s new wife unduly influenced him to cut me out of his Will’, but, on a summary judgment motion, the court found that there was absolutely no evidence to substantiate the plaintiff’s claim. In fact, the evidence showed that, if there was undue influence, it may have been on the….
Challenging a loved one’s Will? You’re gonna need evidence Continue Reading »
Contested wills, Estate Litigation, Undue influenceWhere a will is drafted to create a testamentary spousal trust and the will provides that the final distribution date of the trust is three years after the death of the surviving spouse, would the trust be precluded from being a spousal trust.
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Delay in final distribution from spousal trust Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, WillsWe know from Pecore v Pecore, 2007 SCC 17 that when a parent gratuitously transfers title into joint tenancy with the parent and adult child as joint tenants, there is a presumption of resulting trust. Where there is sufficient evidence to prove on a balance of probabilities that the intention of the parent was a true joint tenancy with a right of survivorship, the presumption of resulting trust is rebutted. Even where a true joint tenancy with a right of survivorship exists, a unilateral action by a co-owner may sever the joint tenancy…..
Mother and Daughter Joint Tenancy Gone Awry Continue Reading »
Estate PlanningThere are lots of terrible and terminal diseases. We don’t get to choose which one (s) await us. Fortunately researchers are making some great discoveries…..
Pouring Ice Over Your Head Leads To New Gene Discovery for ALS Continue Reading »
Disability, Geriatric Care ManagementWhat constitutes “insane delusions”? How may those delusions affect a testator’s ability to execute a valid will? Dr. Richard Shulman explores…..
Testamentary Capacity and Insane Delusions Continue Reading »
Elder Care, Geriatric Care Management