All About Estates

Month: October 2014

Total 22 Posts

Philanthropic Ghosts

Some donors want their wishes understood and spirit felt long after they are gone. This impulse is part of a long tradition that has found expression in restricted gifts, charitable trusts and private foundations. It’s Halloween. Let’s review three approaches to philanthropic haunting. 1. Donor Recognition Many medieval European churches…

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Testamentary Freedom & The Charter of Rights and Freedoms

Today’s blog is written by William Lim, a law student at Western University and research assistant to Professor Adam Parachin, associate professor of law at Western University. As discussed in a recent blog by Professor Adam Parachin, the Court in McCorkill v. Streed 2014 NBQB 148 took the unusual step…

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Valuations for estate planning arrangements and tax disputes.

I was at a conference for professional valuators and appraisers from around North America. There was a session devoted to the do’s and don’ts when dealing with the tax authorities on disputes with valuations, presented by two gentlemen with considerable experience with tax disputes on both sides of the border….

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LEAVING QUEBEC? DON’T FORGET TO PACK YOUR NOTARIAL WILL

The recent case of Morton v. Christian is a reminder to Quebec residents – if you execute a notarial Will, you need to appreciate the manner in which the notarial Will can be revoked. Notarial Wills stem from the Quebec Civil Code. They are executed before a notary, who then…

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Legal Capacity, Decision-making and Guardianship

The Law Commission of Ontario (LCO) has undertaken a project to examine and review Ontario’s laws related to legal capacity, decision –making and guardianship. Earlier this month, I had the pleasure of attending one of their focus groups. Spokespersons from various groups were there representing those with autism, mental health…

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Elder Care Planning

A recent Ipsos-Reid report found older Canadians lack confidence in the health-care system’s ability to provide for seniors in the future. With the aging population and strains on the various government systems and agencies for seniors, elder care planning is becoming more crucial. The shift in the demographics of our…

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Elder Abuse – helping to spread the word

I recently had the pleasure of presenting to a group of seniors on the topic of Elder Abuse. The event was organized by the Sunshine Group of Seniors, part of the San Romanoway Revitalization Association. I presented along with Police Constable Amir Butt of 31 Division. P.C. Butt explained that there…

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Mandatory Mediation – A Binding Success

In 1999, a pilot program was implemented in Toronto requiring mandatory mediation for all estates, trusts, and substitute decisions matters.  In 2002, mandatory mediation was expanded to Windsor and Ottawa.  The pilot program was considered a success and mandatory mediation has been enshrined in rule 75.1 of the Rules of…

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‘Ralph the Programme Guy’ (part 2)

Last week, Audrey Miller took the initiative to blog about ‘Ralph the Programme Guy’ and reflected on the lesson learned from his ‘eccentric’ life and sad, lonely death. I hope that the blogosphere will forgive my indulgence in following up on an issue that is only indirectly related to testamentary capacity….

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What are the Tax Consequences of Disclaiming or Releasing an Interest in a Trust? Part 1

The CRA recently began an initiative to consolidate the information provided in its income tax interpretation bulletins and income tax technical newsletters. The new publications are called “folios”. As each folio is released, it is subject to a three-month comment period. In late September, the CRA released “S6-F2-C1-Disposition of an…

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