All About Estates

Insights into Resolving Care Disputes – POAs for Personal Care – Part 3

On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to…

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The Next Succession? Lessons from a family estate gone wrong…

Today’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to…

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Corporately-Owned Insurance, Redemption Obligations and the U.S. Supreme Court

Canadian estate and tax advisors may want to consider the case Connelly v. Internal Revenue Service, No. 23-146[1] (U.S. 3/27/24).  The U.S. Supreme Court (“SCOTUS“) issued its decision on June 6th and it serves as a good reminder of the implications of corporately-owned life insurance in the context of cross-border…

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When Parent and Child have a Joint Bank Account: Who Receives Funds upon Parent’s Death?

This blog has been written by Lily MacLeod [Associate] at Fasken LLP It is common for an elderly parent to set up a joint bank account with their adult child. This enables the child to help manage the parent’s finances freely and efficiently (either as the parent’s attorney for property…

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Child Sponsorship Fundraising

Child sponsorship is one of the greatest mass-market fundraising innovations of all time and a multi-billion dollar a year industry. Used primarily by international development organizations, sponsorship emotionally ties donors to individual children, providing insights, human connection, and funder loyalty.  It’s a fascinating model that has evolved over time, and…

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Appealing a Consent Order

When an Order is granted on consent in a proceeding, it is inherent that all of the parties have agreed to the Order, hence the obvious use of the word “consent”. Nevertheless, and however improbable it may seem, it is possible to appeal a Consent Order. The applicant in Behrisch…

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When exercising discretion, what factors should a Trustee of a discretionary trust take into account?

Maddi Thomas, Associate Gowling WLG (Canada) LLP Where a trust holds non-liquid assets that are to be distributed amongst multiple beneficiaries, how can the trustee ensure that their use of discretion was as fair, equitable, and diplomatic as possible? On a related note, when will a court interfere with a…

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Insights into Resolving Care Disputes for High-Net-Worth Families – Part 2

There are three truisms behind care disputes. Every caregiving situation is unique. Conflicts arise when making difficult care decisions. There is no one care solution or dispute resolution that suits all cases. To complicate matters further, the cost of care can easily escalate, and privatization of health care is expanding….

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Gamers are Letting off Some “Steam” After Learning that Purchased Games are Not Transferrable on Death

Pictured: A screenshot of a discussion between a Steam user and a Steam Support representative that has taken the internet by storm. Usually, I get my trusts and estates-related news from legal blogs, LinkedIn or emails from colleagues. So, you can imagine my surprise when I stumbled upon a pretty…

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There’s no better time than the present

Six reasons to start estate planning early! Estate planning is a part of life that, despite best intentions, is often moved to the back burner. It’s not surprising; many individuals struggle to consider or discuss their own mortality and that of their closest loved ones. Nobody is excited to review…

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