All About Estates

What is the deadliest room in the house?

November is still Falls Prevention Month.  With the rude awakening of last week’s snow and the icy walk I had today with Ziggy, I thought I would share a previous post. Seniors account for over 40 percent of people hospitalized for injuries. At least half will experience minor injuries and…

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A New Way to Plan for Death

Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. I recently came across an article talking about death doulas. Yes, you read right, death doulas. While I’ve heard of doulas helping pregnant women come up…

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Donations from Spousal and Other Trusts

To paraphrase the common law, a gift must be “freely given without consideration”. “Consideration” means without expectation of benefit, which eliminates contractual or other binding rights. This concept was addressed by my colleague Darren Lund in a recent All About Estates blog on charitable donations from alter ego and spousal…

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Application of Reasonable Return – TOSI

The Canada Revenue Agency (CRA) was recently asked their view on whether the “reasonable return” exception in would apply to preclude the application of the tax on split income (“TOSI”) rules. An adult individual who is resident in Canada (“Spouse A”) incorporated a company (“Opco”) to operate a non-services business….

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In Flanders Fields the poppies grow…

Remembrance Day is a significant day in the lives of many who endured the challenges of living during war times. As benefactors of their sacrifice, we sometimes forget that peace is a gift and the high price that was paid for it. Today we have young soldiers who are returning…

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Joint Retainers and Estate Planning

Lawyers in Ontario are regulated by the Law Society of Ontario, and the Rules of Professional Conduct set out the professional and ethical obligations to which lawyers must adhere. One of the duties relates to avoiding conflicts of interest, except in certain circumstances. Rule 3.4-5 of the Law Society of Ontario Rules of Professional Conduct sets out the rule for joint retainers and provides as follows

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Staying at home longer? Self/Family Managed Care may be an option

This blog was written by Suzanne Singh Census numbers from 2016 revealed that seniors in Canada were outnumbering children for the first time in the survey’s history (StatCan 2016 census). It follows that with the tax base getting smaller and demand for health care services increasing, we can expect challenges….

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The Supreme Court of Canada to Review Disclosure of the Sherman Estate Files

The Supreme Court of Canada has granted leave to appeal a decision of the Court of Appeal for Ontario to unseal the files and probate applications in respect of the estates of Barry and Honey Sherman (the “Sherman Estates”). The tragic murders of the wealthy Toronto couple in December 2017…

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Transferring Wealth During Your Lifetime

I was reading recently that approximately $30-trillion in assets will be shifting from one generation to the next across North America in the next few decades, according to consulting firm Accenture. A couple of years ago, I wrote about gifting cash or assets during one’s lifetime as an alternative method…

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Is a cane an ‘enabler’ or a ‘disabler’? What is your point of view?

I work with many seniors who prefer not to use the assistive devices that are prescribed/recommended for their safety and well being. In particular, the use of a cane and the use of a walker seem to viewed by many as an unnecessary attachment and an ‘aging’ device. I feel…

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