All About Estates

Month: December 2019

Total 19 Posts

Concerns about Consent for Cannabis Prescriptions in LTC

Last month I wrote about the issue of consent for CPR, explaining that the Court in Wawrzyniak v. Livingstone confirmed that a physician’s duty is to his or her patient and not the interests of the substitute decision-maker (SDM). Treatments that are not believed to be in the interests of…

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Alter Ego Trusts: Every Rose Has Its Thorns

This article was first published in STEP Insider. Historically, individuals have taken comfort in the knowledge that their last will and testament is a statement of their final wishes for the disposition of their accumulated wealth. However, in the face of increasing wills litigation and fees payable in connection with…

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Proposed relief for inter-vivos trusts

A recent letter from officials of Tax Legislation Division provides hope for trusts established for an individual eligible for the Disability Tax Credit (DTC) to qualify for the principal residence exemption. Specifically, the letter addressed concerns raised by an adviser in respect of her client regarding the benefit of the…

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T’was the fight before Christmas: My Holiday Jingle

Back by popular demand, my holiday jingle- hopefully to make you gingle! T’was the fight before Christmas, when all families know, It’s better to forgive than tell them to F. O., Mom probably liked you better, if memory serves, So while I am a P.O.A., she will get what she…

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It’s Time to Ring in a New Year, A New Decade with Change

Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. The Ontario government has tabled a new Bill that would see a change to various Acts and would look to simplify court matters.  Bill 161 –…

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Is Santa thinking about Estate Planning?

This blog was written by Hardeep Nandra As we are getting closer and closer to Christmas Eve, Santa is getting ready to deliver the presents. He is ironing his red suit, polishing his boots, and grooming his luscious beard to make a fancy entrance. Time around Christmas brings joy and delight…

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Dead People Who (Still) Make More Money Than You

  Imagine this – You’re a movie director on the independent film circuit. You need to cast the lead in your latest project, but you’ve spent most of your budget on skinny jeans and fair-trade lattes. You’re looking for someone that personifies being disillusioned, while also being super cool. Someone with…

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Option to Purchase – At What Price?

Court of Appeal interpreted an option to purchase a business set out in the deceased’s last will.

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Can You be Removed as a Trustee Without a Replacement?

The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined…

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A Cup of Care: A Pinch of Hope

It is hard to believe that  Christmas and Hannukah start next week.  Truly, where does the time go?  Well, given that we are here I thought I would repost a holiday blog. The holidays can be a wonderful time to spend together with loved ones, remembering the meaning of the…

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