All About Estates

Can You Care For Me Today and I Will Leave You My House When I Die?

When I had previously thought of ‘Gift Planning’ I was only considering the Will component, the gift left to a particular charity, once the person had died.   I had not fully appreciated all of the challenges that might be experienced when working with the older person while they are still…

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A Trap For The Unwary; ONCA Finds A Partner Responsible For Spousal Support Despite Maintaining Separate Residences and The Impact on Estate Planning

Today’s blog was co-written by Corina Weigl, Partner at Fasken LLP. The recent Ontario Court of Appeal (“ONCA”) decision Climans v Latner[1] (“Latner”) highlights a trap for the unwary.  For the purposes of awarding spousal support, clients may be found to be common law “spouses” despite maintaining separate residences.  The…

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Choice and Planning for Incapacity

This blog was written by Damian McGrath – Estate and Trust Consultant with Scotia Wealth Management Choice is the act of decision making when faced with two or more possibilities. Decision making requires an understanding of the situation, the decision itself and the consequences of it. If our ability to…

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Demonstrating Financial Need in a Dependant Support Claim

Today’s blog was written by Tyler Lin, student-at-law with de VRIES LITIGATION LLP When a person passes away, what happens to those who were depending on them? In Ontario, the requirement to provide for your dependants does not end on death. Where the deceased has failed to leave adequate support…

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Living Fully Before Dying

While I cooked all familiar  traditional foods last week, the family celebration was very different and difficult this year.  Of course not having my mother at the table was primary but due to Covid we were only the immediate family. No cousins, no friends joined us this year. Such a…

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You’ve Got Mail – Part One

Learning that a loved one or friend who has passed away has left a gift for you in their Will, can be expected or in some cases, it can come as a surprise.  You may be entitled to either (i) a legacy which can be in the form of a…

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Outdated Donation Clause

Legal precedents are invaluable – except, that is, when they are wrong or out of date.  Recently a Scotiatrust colleague contacted me about a clause in a client’s will that was intended to create an endowment fund at a registered charity.  The clause imposed a 10-year capital hold on the…

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Fraudulently Concealing a Limitation Period

Lawyers are keenly aware of limitation periods. If a lawyer fails to commence a claim on behalf of a client within the limitation period, they will likely face a professional negligence suit (not good). Whether lawyers like them or not, limitation periods play an important role in the civil justice…

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CPP: TO DEFER OR NOT DEFER

For several years now, clients and contacts (with more frequency of late, and that’s no accident) have been asking me: “Hey Steve, I am turning 65 shortly, do I apply for CPP now or do I wait – what makes more sense financially” Based on analysis provided by experts in…

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How many shall die and who by plague?

While the New Year starts in January, Jews around the world celebrate another New Year, the birth of the universe, 5781 years ago based on the Hebrew calendar. While it is the first of the High Holidays, for many who may not attend synagogue, it is recognized and celebrated with…

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