November 2017

What’s more American than a Norman Rockwell painting – perhaps a Court hearing?

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In my Blog last week I talked about how much I like some of the American traditions like Thanksgiving. What could be more American than a beloved Norman Rockwell painting. Earlier this month the Massachusetts Court of Appeal blocked the auction of 2 Norman Rockwell paintings, which had a combined value of over $25mil. The plaintiffs included Rockwell’s sons as well as the office of the Massachusett’s attorney general. The….

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In the News, Philanthropy/Charitable Giving, Uncategorized, Wills

The SDA and Incapacity to Manage Personal Care – Another Example of a Limitation In Legislation

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A frequent clinical challenge for doctors caring for seniors in hospitals is assessing decision making capacity and discharge planning. The following question arises; “Doctor, is the patient ‘capable’ to return home?” The problem with this question is the doctor has no authority in determining the answer. As per Section 45 of the Substitute Decisions Act (SDA)[i]; incapacity for personal care is defined as: A person is incapable of personal care….

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Capacity Law, Elder Law, Power of Attorney

TFSAs and the Non-resident

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With mobility on the rise, it is expected that a person leaving Canada will have to visit the rules on tax-free savings accounts (TFSA) and Canadian tax residency.   Executors may have to consider the TFSA rules if a deceased’s will calls for the transfer of a TFSA account to a non-resident will beneficiary. If a Canadian tax resident has a TFSA and leaves Canada, the accumulated funds may remain in….

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Canada Revenue Agency, Estate Planning, Executors, Tax Issues

Determining Capacity. They Actually Have An App For That!

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I had the pleasure of attending a very interesting presentation on ‘Legal Capacity Assessment Panel Discussion & Technology Demonstration’ that may very well change the face of estate litigation by addressing the question of whether the individual was capable at the time of signing legal documents. I am involved in many situations where there has been a dispute questioning the older person’s capacity at the time of appointing an attorney….

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Capacity Law

Henson Trusts Revisited

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In January, the British Columbia Court of Appeal released its decision in S.A. v. Metro Vancouver Housing Corporation (“S.A.”), 2017 BCCA 2, dismissing the appeal of S.A., who was the original Petitioner. In its reasons, the B.C. Court of Appeal includes a discussion of trusts commonly referred to as “Henson Trusts”[1]. On November 16, 2017, S.A. was granted leave to appeal the decision to the Supreme Court of Canada. The….

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Estate Planning, Trusts

Some American Thanksgivng Day Advice

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I love the traditions of the American Thanksgiving Day holiday – spending time with family and friends, enjoying a great food and watching football. In the lead-up to Thanksgiving, the American papers are filled with all kinds of tips on how to prepare for and enjoy the big day. Whether folks are battling chaos at the airport trying to get home or struggling to defrost a turkey in record time,….

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Estate Planning, Family Conflict, Uncategorized
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