All About Estates

Month: July 2018

Total 9 Posts

Grey area: The fragile frontier of dementia, intimacy and sexual consent

Originally posted for allaboutestates.ca Grey area: The fragile frontier of dementia, intimacy and sexual consent was the Saturday July 14, 2018 front page headline in the Globe and Mail. Seniors and sexuality finally makes the front page of a national newspaper. However It is much more than that and the…

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Estate Planning and Family Law: The Matrimonial Home Part I

A marriage contract is often an important component of an integrated estate plan. Frequently the discussion arises when the children of the first or second generation in a successful family business begin to marry, particularly where those children are beneficiaries of a discretionary family trust that holds common shares in…

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Court of Appeal Weighs In On Alcoholism and Testamentary Capacity

In the recent decision of Dujardin v. Dujardin, 2018 ONCA 597, the Court of Appeal for Ontario considered the validity of wills executed by a testator suffering from chronic alcoholism. Background: Jack and Noel Dujardin (“Jack” and “Noel”) were brothers who jointly owned a farm property that had been in…

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Safe Summer Tips and Vacationing with an Older Family Member

At least 54 people in Quebec have died over the last 2 weeks due to this current heat wave; the majority were seniors. Summer has hit us hard and although all winter long we look forward to warmer weather, the heat can actually cause harm- especially to the elderly. Those…

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Form T3010 Registered Charity Information Return and the CRA’s Initiatives

In order for a charity to maintain its charitable status, the Form T3010 Registered Charity Information Return (“T3010 Information Return”) must be filed each year within 6 months following the end of the charity’s fiscal period. Approximately two years ago, the Canada Revenue Agency (“CRA”) created an infographic to remind…

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Where There’s a Will Kit, Is There’s a Will?

This blog is contributed by Sally Lee LLB,  an Estate & Trust Consultant at Scotiatrust. I once got into a heated argument with my sister who wanted me to validate her decision to make a Will with  a Will Kit.  I vehemently opposed, and we did not speak for about a…

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What the Law Takes Away, the Law can just as Easily Give Back

I previously blogged about the importance of making a will to ensure that your testamentary wishes are carried through.  Eissmann v Kuntz is a recent Ontario Superior Court of Justice decision illustrating the unintended consequences of improper estate planning. Background Siegfried Kunz was born in Germany in 1937.  He married…

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Life Insurance and Contingent Ownership

Ownership of assets into ‘joint tenancy with right of survivorship” is a mechanism of ownership transfer commonly used for estate planning to address such issues as probate fee and tax avoidance. Recently, this blog site very capably addressed the issues surrounding “joint tenancy” of life insurance in particular (“Life Insurance…

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Caring for Someone with Dementia

I was browsing through the Canadian Family Physician Magazine (Vol 64 April 2018) and the ‘Geriatric Gem’ caught my interest. The topic is on supporting caregivers, specifically those of persons with dementia. The evidence presented is that “caregivers of persons living with dementia are at higher risk of depression, substance…

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