All About Estates

Month: March 2018

Total 18 Posts

Assisting Detection of Hospital Acquired Delirium by Informal Caregivers – The Sour Seven

In the March 2018 edition of Reader’s Digest, I came across an article called “State of Confusion”[i] about hospital acquired delirium and the negative consequences that can arise from it. (The author’s original article can be found online.)[ii] The editor’s letter “Decoding Delirium”[iii] in the same issue recounts her mother’s…

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RRSP’s and Early Withdrawals.

Registered retirement savings plans (RRSP’s), introduced in 1965 by the way, are a great vehicle for retirement savings and a keystone found in most retirement and estate plans. It is one of the few ways to earn an income-tax reduction in your earning years (the amount you contribute is tax…

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Hospital-Acquired Delirium

Delirium is one of the 3  big ‘D’s that we see  with our older clients.  The other ‘D’’s are dementia and depression but I suppose the biggest ‘D’  out there is death. I recently came across a Reader’s Digest article while waiting at a doctor’s office that had been reprinted…

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An Estate Plan for Fido

Clients often ask about how to best ensure their pets are cared for in their estate plans. It’s a topic this blog has covered before, from the care of commercial animals after the owner’s death, to the pitfalls in drafting clauses for the benefit of pets, to the curious case…

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POA: Stuck Between a Rock and a Hard Place

This blog is written by Sue Norloos, LLB, Will and Estate Planner at Scotiatrust. No one wants to be caught between a rock and a hard place.  It’s awkward and uncomfortable.  Consider the following family scenario: An adult child has benefited from period payments and has also been promised generous…

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Supreme Court likely to leave Henson Trusts alone

A month from now, the Supreme Court of Canada will hear a case that may provide some guidance on the issue of what interest a beneficiary of a discretionary trust has in that trust. The high court has granted leave to appeal in the case of S.A. v. Metro Vancouver…

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Do You Have a BFF?

As Carol King so aptly wrote in 1971 “when you are down and troubled and need a helping hand…( sing along here as I am sure you know the lyrics)…you’ve got a friend, …ain’t it good to know you’ve got a friend”? Everybody needs a friend, regardless of age and…

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A Trustee’s Duty to Disclose: A Recent Ruling from the SCC

The Supreme Court recently released a decision that, while arising in the construction context, has important implications for estates practitioners. In the case of Valard Construction Ltd. V Bird Construction Co. (2018 SCC 8), a majority of the SCC found that, In general, wherever a beneficiary would be unreasonably disadvantaged…

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Domestic Contracts After Death

Interesting things happen when family law and estates collide. Battles over domestic contracts and houses lead to discussions of past mistakes, life experience, and occupation rent. Such was the case in Psarros Estate v Cook. As with many estates litigation cases, the Court was asked to determine a broad range…

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SPOUSAL SUPPORT AND BEYOND?

I was traipsing thru some estate journals and articles recently and I stumbled upon the reporting of a recent matrimonial case which gave me pause, and to many practitioners in estate and matrimonial matters, I am sure. Practitioners have long held the view that entitlement to spousal support under most…

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