How should we define “Geriatric”? certainly not age 65!

A recent spate of media articles has emphasized the rapid growth of an elderly or “geriatric” cohort who are regularly referred to as ‘65 and over’.  This has been labelled the “Silver Tsunami”, an unfortunate term that does not apply to most older women in North America.  In my case, silver is harder and harder to detect as my hairline recedes. The media has been ablaze for the last few….

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Elder Care, Geriatric Care Management

Philadelphia Phillies Co-Owner in Family Feud Over Trust Funds

With the most successful Toronto Blue Jays season in recent memory now over, another Major League Baseball team was in the news for less fortunate reasons. According to an article in the Philadelphia Inquirer, Philadelphia Phillies co-owner John Middleton is in litigation involving a claim by his sister, Anna Nupson. Both Nupson and Middleton are two of the three children (a third child has remained neutral) of Herbert Middleton, a wealthy….

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Estate Litigation, Family Conflict, Trusts, Undue influence

More on Graduated Rate Estates

At a recent conference of the Society of Trust and Estate Practitioners, the Canada Revenue Agency (“CRA”) was asked to respond to certain questions regarding Graduated Rate Estates (GRE’s), in particular around the actual definition of a GRE and its application to a situation where the deceased has more than one will. Definition of a GRE The CRA was asked that while an estate is under administration during its first….

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Business Succession Planning, Canada Revenue Agency, Canadian and US Tax Treaty, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, In the News, Probate Tax, Succession Planning, Tax Issues, Trustee, Trusts, Wills

ROLLOVERS TO AN RDSP

Today’s blog was written by Darren G.Lund, Associate at Fasken Martineau DuMoulin LLP.

In the 2010 Federal budget the Federal government announced new measures to support persons with disabilities, stating that an “important concern for parents caring for a disabled child is to ensure that the child will be adequately provided for in the event that one or both parents die.”[1] The new measure was announced as follows:
….

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Canada Revenue Agency, Disability

Health Navigation Needed

One of the most important components of good caregiving and in fact, good health – is advocacy. Report after report refers to the need for patient navigation. I, along with my fellow bloggers have all echoed the importance of Powers of Attorney. Having someone who knows your wishes, desires and particular circumstance and who can speak for you when you can no longer speak for yourself, is absolutely required. However….

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Elder Care, Geriatric Care Management, Power of Attorney

International Couples, Beware!

In Burkhardt v. Burkhardt Estate, 2015, the Ontario Superior Court addressed the issue of common habitual residence to determine the wife’s entitlement to her husband’s estate, and in doing so, highlighted the interplay of Family and Estates law in Ontario. The testator, Walter Burkhardt was an entrepreneur who left Germany for Ontario to start a winemaking business. His wife, Irene Burkhardt, refused to join him and continued to reside in….

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Estate Planning, Spouse
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