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Total 671 Posts

The Airing of Grievances

Thanksgiving 2020 is a time for gratitude and togetherness. It’s a time for us to reflect on the craziness of these past 8 months and to appreciate the things that we have. For others, it’s a time to gather your family around and tell them all the ways they have disappointed you over the past year. I may be confusing that last part with Seinfeld’s Festivus episode, but you can….

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Uncategorized, Wills

Considering a “Pour Over” Clause?

I recently had a discussion about pour over clauses which sparked my curiosity!  After some research I considered in what estate planning context this tool might be used and, as with everything, the pros and cons. In the United States, where pour over clauses appear to be used more commonly, where they are part of an estate “back-up” plan whereby a person establishes an inter vivos trust (“trust”) intended to….

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Personhood and RBG

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotia Wealth Management If you are frequent visitor to All About Estates, you can likely appreciate the importance of a well-prepared estate plan. The cornerstone of the estate plan is the Last Will and Testament. Many contributors to this blog discuss the importance of a Will, and considerations before, during and after its preparation. There are very specific requirements….

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In the News, Uncategorized, United States

A Trap For The Unwary; ONCA Finds A Partner Responsible For Spousal Support Despite Maintaining Separate Residences and The Impact on Estate Planning

Today’s blog was co-written by Corina Weigl, Partner at Fasken LLP. The recent Ontario Court of Appeal (“ONCA”) decision Climans v Latner[1] (“Latner”) highlights a trap for the unwary.  For the purposes of awarding spousal support, clients may be found to be common law “spouses” despite maintaining separate residences.  The resulting implications extend beyond Ontario’s family law regime to wills and estates law.  On death, while the concept of spousal….

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Choice and Planning for Incapacity

This blog was written by Damian McGrath – Estate and Trust Consultant with Scotia Wealth Management Choice is the act of decision making when faced with two or more possibilities. Decision making requires an understanding of the situation, the decision itself and the consequences of it. If our ability to make those choices diminishes or is lost, then others need to make them for us. A Power of Attorney gives….

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Outdated Donation Clause

Legal precedents are invaluable – except, that is, when they are wrong or out of date.  Recently a Scotiatrust colleague contacted me about a clause in a client’s will that was intended to create an endowment fund at a registered charity.  The clause imposed a 10-year capital hold on the donation.  He asked, “is this clause still necessary?” The short answer is “no”.  The longer answer is “this clause was….

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