All About Estates

Month: March 2016

Total 21 Posts

Provincial Family Caregiver Day

Family Caregiver Day is Coming! 28% of Canadians provide care to a family member or friend. A little recognition can go a long way but a paid allowance may be better….

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No Right to Compel a Will be Proven in Solemn Form

My colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might…

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How Will Capacity to Consent to Physician Assisted Death Align with Ontario Policy on End-of–Life Decision-Making?

Canadians are well aware that in Carter v. Canada[i] the Supreme Court struck down the provision of the criminal code against physician assisted death (PAD). In its decision, the Supreme Court set out the circumstances in which PAD is appropriate: (1) The person affected clearly consents to the termination of…

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Good news on the aging brain

The, seemingly constant, flow of bad news about aging bodies and brains can be depressing.  On this site alone I’ve read many  chilling facts and statistics on matters impacting our aging population.  The prevalence of depression, the frequency and potentially dire consequences of falls and how the likelihood of developing Alzheimer’s or a related dementia…

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How Many Social Workers Do You Know?

Did you know that the services provided by a registered social worker are often covered by extended health care plans? This means we can provide a receipt for our services which may be reimbursed by your carrier.

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“Net Value” and the Spouse’s Preferential Share On An Intestacy

Is the payment and discharge of a mortgage from the proceeds of a mortgage insurance policy to be taken into account in determining the “net value” of the estate for the purposes of determining a spouse’s preferential share? That was the question before the court in the recent case of…

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TRANSFER OF PROPERTY FROM PERSONAL TRUST TO BENEFICIARY

Recently, the Canada Revenue Agency (“CRA”) was asked to comment on a scenario involving a transfer of real estate from a Personal Trust to a beneficiary where the beneficiary also assumed a mortgage on a property. In past interpretations, the CRA noted that the transfer of assets from the Trust…

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When Charities Die

Contrary to public perception, it is quite common for charities to die.   The majority of charities are small, volunteer-run entities and some run out of steam and are deregistered.  Since 2011, over 7,536 charities have had their status revoked by Canada Revenue Agency for reasons ranging from exhaustion and mergers…

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NOT ALL RDSPs ARE CREATED EQUAL

My colleague, Katie Ionson, previously blogged about the new RDSP Income Tax Information Circular IC99-1R1, which the CRA released on February 10, 2016. The Circular contains useful guidance on a number of issues, including the requirements for an RDSP to be registered under the Income Tax Act (“ITA”). While some…

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Strengthening Caregiving in Challenging Times

In our current economic climate cutbacks for supportive care for seniors is seeing increased responsibilities being shifted onto family members and “informal caregivers”. The term “formal” care providers refers to persons who are financially remunerated to care for a person. This can include professionals such as doctors, nurses, social workers, support workers, case managers, speech language pathologists, physical therapists and occupational therapists.

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