This case is an example of the personal difficulties and harm to relationships which can occur when individuals do not have a will…..
A More Eloquent Way to Say ‘Make a Will’ Continue Reading »
Estate Litigation, Estate Planning, Family Conflict, WillsWhen a dispute arises inside a blended family over who will make substitute decisions for in incapable person, the court may have to step in. In Corewyn v McCulloch, 2015 ONSC 6039, Justice Sweeny appointed the incapable person’s daughter as her guardian, despite the existence of a valid power of attorney and the absence of any misconduct on the attorney’s part. Bill and Ena had been married for over thirty….
Power of Attorney Terminated Despite No Misconduct Continue Reading »
Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship DisputesIn Pellerin (2015 TCC 130) the Tax Court of Canada was asked to determine whether shares sold by a child before his 18th birthday qualified for the capital gains exemption. Taxpayer wins – the Tax Court took the view that the clock starts at the time of conception and had some interesting comments in their decision. One of the tests to be satisfied for one to access their capital capital….
Unborn children and the 24 month capital gain exemption test Continue Reading »
Estate PlanningA very recent decision from the Ontario Court of Appeal (Holgate v. Sheehan Estate, 2015 ONCA 77) considered the question of whether the accumulation of wealth should be considered a “use” of trust income or capital…..
The Health Innovation Collaborative (HIC) is a three year project supported by The Green Shield Canada Foundation . Under the helm of Sarah Saso, the executive director, funding was provided to bring major community based organizations to collaborate to improve the lives of seniors. The goal of the project was to address ‘the idea of care coordination to keep people living in their homes as long as possible. The goal….
Doing Things Differently Continue Reading »
Elder Care, Geriatric Care Management, Philanthropy/Charitable GivingThere has been a fair amount of discussion about the new rules starting January 1, 2016, and the tax treatment of charitable gifts after the death of an individual will change significantly. What about the impact on estates that are in litigation? Now, when a gift is made “by will” to a qualified donee the gift is deemed to have been immediately prior to the death of the individual with….
