All About Estates

Month: March 2019

Total 14 Posts

Could a “non-human person” ever be a beneficiary of a will?

Today’s blog comes to you from Student-at-Law, Demetre Vasilounis. In 2013, the Government of India’s Ministry of Environment and Forests ignited a discussion in the international legal community by deciding to prohibit dolphinariums as well as any enterprise that involves the import or capture of cetacean species (dolphins, whales, porpoises) for the…

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Will we ever leave Neverland alone?

This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management “Leaving Neverland” is HBO’s newest documentary that premiered at the Sundance Film Festival on January 25th, 2019. In this documentary, two men, Wade Robson and James Safechuck allege they experienced years of sexual abuse…

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When There Is No Family Caregiver

The family caregiver plays a key role in supporting the very fabric of Canadian society. The most recent Census data tells us that 28% of all Canadians provide unpaid care to a family member or friend. If you are reading this article, chances are you are or know someone close…

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Mind the Gap! And Put On Your Parens Patriae

Ontario’s “new” parentage rules, contained primarily in the Children’s Law Reform Act (“CLRA”) and implemented through the All Families Are Equal Act, have been in force for more than two years, having become effective on January 1, 2017. There have now been several reported decisions that interpret and apply the…

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Annulled Charities

Annulment is one of those antiquated words the whispers “convenience” and “pragmatism”.  Failed or incomplete marriage?  Divorce not an option? A Church-granted annulment will set both partners free.  Annulment is also a term in the Income Tax Act that applies to registered charities and registered amateur athletic associations. It’s rarely used, and…

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Passing of Accounts –Made to Measure (Law)Suits

A passing of accounts is the process whereby an estate trustee (or other fiduciary) provides the beneficiaries with a summary of all estate assets, liabilities, and transactions, in a given period. A passing of accounts can be done informally or through a court application. It provides transparency to the beneficiaries…

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When is a Gift not a Gift?

Styres v. Martin 2018 ONCA 956 is a case of a gift that unfolded a saga (not over yet and far from it) of diminished capacity, alleged breach of trust, breach of fiduciary duty, unjust enrichment, undue influence to name a few. Mr. Styres lived in a house he built…

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Appreciating Japanese Differences and Similarities

I  have recently returned from a fantastic trip to Asia- which had been on my bucket list.  The trip started in Japan and it was a perfect launching point to see how aging matters and learn about some of the differences and similarities in our cultures. People live longer in…

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When Probate becomes an International Affair

Co-written by Jennifer Campbell, estate clerk at Fasken Recently, we have dealt with a number of “international” estates, where (i) probate has been issued in a foreign jurisdiction, (ii) an executor is resident of another country, or (iii) a Canadian deceased held property outside of Canada. These matters have caused…

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Status Indians: From an Estate Planner’s Perspective

This blog was written by Andrew Ashenhurst, TEP – Associate Estate and Trust Consultant with Scotia Wealth Management   A close friend of mine is actively involved in the Aboriginal space from both an economic and social development perspective. In his work he has often reached out to me with…

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