Some fancy footwork may be required to get one last shot at using the remaining capital gains exemption where the deceased’s intention is to transfer his or her assets to a spouse.
Month: March 2011
The task of writing a Will and planning for the disposition of one’s assets after you’ve departed our lovely earth has often been inappropriately considered by some to be a “simple” task.
The proposed budget includes some gains for the older voter. As more of us are getting older and with the decline of the growth rate, who will be looking after us? 90% of seniors live in the community; most having care provided by an unpaid family caregiver.
A person who is over the age of 18 is presumed to be capable of entering into a contract, and the rest of the world is entitled to rely upon this presumption unless they have reasonable grounds to believe otherwise. However, the court in England was recently asked the question of whether a solicitor dealing with an elderly person had “no reasonable grounds to suspect incapacity”; to prove the negative and to set a standard with respect to the issue of contemporaneous notes.
Paul Penna, millionare and founder of Agnico-Eagle Gold Mines Ltd., had a good Estate plan but he made one critical mistake.
Should judicial decisions be written so the public wants to read them? What might happen when a decision goes viral?
Did the deceased suffer from a severe and prolonged impairment? If so, there may some tax relief for the estate in the form of a Disability Tax Credit.
In my last blog, I wrote about some of the preliminary estate planning issues that should be considered with respect to Registered Education Savings Plans (“RESPs”). This week, I wanted to touch on some additional issues regarding estate planning and RESPs.
The media has been full of stories about people in Canada in conflict with their provinces’ health bureaucracies. For a long time we have heard about challenges in the health system. But where does advocacy fit in? When in the hospital, a family member’s care may depend on advocacy and attention. Anecdotally, those who are in the hospital and have family member’s asking questions about their care, seem to do better.
A change in personal circumstances, however drastic and life changing, does not necessarily have the legal significance or effect that clients expect. The most obvious, yet less known example of this is separation and marriage.