All About Estates

Month: September 2021

Total 18 Posts

Supporting Seniors: An Important Election Issue

There is a lot going on this month, including World Alzheimers Awareness Month.  However the election takes priority for me.  Next week’s blog will focus on dementia issues but for today, the focus of this blog is on what the federal parties are considering regarding supporting seniors and their caregivers….

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Powers of Attorney for Property: Implications of Obtaining a Formal Capacity Assessment

Have you ever had this train of thought: ‘what happens now that X is losing capacity? Do I, as the appointed attorney for property, start acting gradually, as needed, or do I obtain a capacity assessment? What are the implications of obtaining versus not obtaining a capacity assessment, particularly when…

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Joint Accounts Held as Tenants in Common: A Tool to Avoid Litigation

This blog was written by Holly LeValliant Perhaps one of the most litigious issues in the area of estate law is the question of whether a joint account passes on survivorship when one of the owners dies, or whether the survivor holds the balance of the account in trust for…

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To Fight at Any Cost

Lawsuits often put litigants on an emotional rollercoaster. As the lawsuit progresses and legal bills pile up, some clients start caring less about strategy and more about causing maximum pain to the other side. However, abandoning reason and moderation has a cost – usually in the form of a cost…

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Pipeline planning and the dangers of subsection 84(2)

In 1789, Benjamin Franklin, one of the founding fathers of the United States Constitution, provided the world with this great quote, “nothing is certain except death and taxes”. In 2021, John Oakey, the founding father of three Oakey children, is providing the world (or at least anyone reading this blog)…

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Tips on Bringing a Passing of Accounts Application – Part 4

Today’s blog will provide some points to consider when preparing or responding to a notice of objection to accounts (the “Notice of Objection”).  This is a continuation of my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1] How Does a Beneficiary Object? If a…

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YODO! – You Only Die Once

This blog was written by Sierra Nunno While many young people cling to the acronym YOLO, which stands for ‘you only live once,’ the truth is YODO… you only die once. Ideally, upon death, our wishes are carried out according to plan and we rest peacefully. But what if there…

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300 Objections. 3 Week Hearing. $325,000 Costs Award.

Those who practice in the world of estates know that emotions can run high. Estate planning and estate litigation involve relationships and, often, family. And relationships and family are complicated. It can sometimes be hard to be reasonable in the face of difficult emotions. But reasonableness should be a guiding…

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