Hospitals may not be good places for sick people but where are they to go? One of the most distressing types of calls we receive are from families who have been told by the hospital that their loved one will be discharged…..tomorrow…..
Your mom is being discharged….tomorrow. Continue Reading »
Elder Care, Elder Law, Geriatric Care ManagementOne way for a party to set aside a trust agreement is by arguing that the settlor of a trust made a mistake about the trust. The concept, often found in contract law, is known as non est factum (note that a trust deed can be seen as a contract). The doctrine applies where there was both a mistake made in the execution of a contract, and the party was actually in error about….
It is Not My Deed: How a Party Can Void a Trust Agreement Continue Reading »
TrustsThe Canada Revenue Agency (CRA) recently ruled in respect of a post-mortem “pipeline” transaction involving a private corporation whereby the children of that last-to-die parent received valuable shares of a private corporation where the deceased had reported a deemed disposition gain on their final income tax return.
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Post Mortem Pipeline Planning – Good Things Come to Those Who Wait Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Planning, Tax IssuesThis year’s STEP conference featured over 65 speakers including for the very first time, the IRS spoke on Canadian soil about offshore compliance options including OVDP and streamlined compliance procedures…..
Happy Independence Day ! Continue Reading »
Estate Planning, IRS, Tax Issues, U.S. Citizen, US TaxesYou have an emotional connection to your late grandfather’s cottage. Your mother and your grandfather’s estate trustees hate each other. You don’t think that they will treat you fairly if you want to buy the cottage. Is this sufficient reason to remove the estate trustees? The Ontario Superior Court of Justice’s answer is “No”. In Woolnaugh v Dare et al, 2016 ONSC 4013, one of the testator’s grandchildren applied to court to remove….
Feelings not enough in cottage fight Continue Reading »
Cottage, Estate Administration, Estate LitigationA frequent dilemma is the senior who is determined to remain living alone at home despite concerns that it may no longer be safe. What can one do about it? The first step is to enquire if there are power of attorney (POA) for property and personal care documents? If so, they must be reviewed to confirm whether the POA for property was active upon signing or if it is….
What Can One Do About a Senior’s Decision to Live Alone at Home ‘Unsafely’? Continue Reading »
Elder Care, Geriatric Care Management