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Pre-arranging for Personal Care

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This blog was written by Sally Lee, LLB – Estate and Trust Consultant with Scotia Wealth Management Recently, I met a prospective client (let’s call her Jane) who told me she did not have anyone to appoint as her attorney for personal care. It appeared that this issue was the barrier to the rest of her estate planning because she had “no one”.  As her investment advisor and I began….

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Caregiving, Elder Care, Geriatric Care Management, Power of Attorney, Uncategorized

To Spring, or Not to Spring!

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Today’s blog is being brought to you by guest blogger, Tracy Parkinson, a law clerk in the Private Client Services group of Fasken LLP. Recently I have noticed that many meeting agendas for group discussions of estates practitioners that I have attended have included some aspect of the challenges, use and safekeeping of powers of attorney for property. Depending on the audience, the discussion can go in many different directions,….

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Disability Tax credits and Bankruptcy

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In general, unpaid and to be paid disability tax credits can form part of a bankrupt’s estate in the form of property and income. If they are “property of the bankrupt” within the Bankruptcy and Insolvency Act, (the “BIA”), then they are 100% distributable amongst estate creditors in accordance with the priority scheme set out in the BIA. If they are “income” within the BIA, they are subject to contribution….

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Canada Revenue Agency, Disability, Estate Administration, Tax Issues, Uncategorized

Mind the Gap! And Put On Your Parens Patriae

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Ontario’s “new” parentage rules, contained primarily in the Children’s Law Reform Act (“CLRA”) and implemented through the All Families Are Equal Act, have been in force for more than two years, having become effective on January 1, 2017. There have now been several reported decisions that interpret and apply the rules. The decision of L. Madsen J. in M.L. v. J.C., 2017 ONSC 7179 is an important decision in that….

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Annulled Charities

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Annulment is one of those antiquated words the whispers “convenience” and “pragmatism”.  Failed or incomplete marriage?  Divorce not an option? A Church-granted annulment will set both partners free.  Annulment is also a term in the Income Tax Act that applies to registered charities and registered amateur athletic associations. It’s rarely used, and the rules, as with marriage, are forgiving and practical. 206 Annulments The CRA database of registered charities currently lists 206 registered….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized, Wills

When is a Gift not a Gift?

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Styres v. Martin 2018 ONCA 956 is a case of a gift that unfolded a saga (not over yet and far from it) of diminished capacity, alleged breach of trust, breach of fiduciary duty, unjust enrichment, undue influence to name a few. Mr. Styres lived in a house he built on land given by his father, for about 20 years, when in 1998, he suffered a very serious brain injury….

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Capacity Law, Caregiving, Disability, Estate Litigation, Power of Attorney, Property, Real Estate, Resulting Trust, Trusts, Uncategorized, Undue influence
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