All About Estates

Month: February 2021

Total 17 Posts

Medical Assistance in Dying (MAiD) – An Update

Today marks a court-imposed deadline regarding legislative amendments to our laws on medical assistance in dying (“MAiD”). This topic, although heavy, has been important to me, particularly over the past year. As recently as the US election, someone close to me was scheduled for MAiD. As her date was approaching,…

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Estate Planning – Effective Family Meetings

This Blog was written by Sara Hillier, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management “Oh hey! We’ve been meaning to ask you. Will you be our estate executor[1]?” a parent inquires of their eldest child over brunch. “Of course! No biggie.” comes the…

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When both parents have dementia….

In the majority of families where there are still two parents living in the same home, the ‘well’ spouse becomes the primary caregiver to their husband/wife who has dementia. Caregiving for someone with a cognitive disorder is a full time job; especially when community supports, such as day programs and…

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Dealing with U.S. Life Insurance Policies in Ontario Estate Plans

After 4 years as a law clerk in the Fasken’s Private Client Service Group and Trust, Wills, Estates and Charities Group, I am changing tracks and joining TD Wealth as an Executive Trust Officer. While at Fasken I had the pleasure of working on many interesting and challenging matters along…

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Restricted gifts of real estate

When I was a young charitable gift planner, my charity was offered a cluster of islands on Georgian Bay.  Surrounding the 100-year-old family cottage were sheds, cabins and boat houses.  The donors had a vision: it would be a children’s camp. It was a stunning property.  Valuable, despite the sagging,…

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Big New Rules for Small Estates

The law in Canada is not static – it evolves and changes to meet our society’s needs through incremental changes to the common law (i.e. the application and interpretation of the law through the courts) and through legislative changes. One recent change to Ontario’s laws was made through the Smarter…

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TFSA’s and Non Resident Penalties – An Update

A couple years ago, one of my blog colleagues wrote on the residency rules regarding tax free saving accounts (TFSA’s). Generally, as an owner of TFSA, if you leave Canada, the accumulated funds may remain in the TFSA without Canadian tax consequences. You can’t make any further contributions but you…

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Removal of Executor/Estate Trustee for Perceived Conflict of Interest

Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1]  In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly…

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Love is in the Air. But be cautious

This Blog was written by Lara Besharat A romance scam, also commonly known as “catfishing”, is a fraudulent scheme, generally accomplished via social media or through an online dating platform, wherein a scammer feigns romantic interest in a target, develops a “relationship” with that person, and ultimately swindles them for money. Seniors…

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Valuing Estate Assets – A Hierarchy of Evidence

Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate…

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