All About Estates

Month: January 2022

Total 19 Posts

COVID Wedding Wars: Planning a Wedding During Yet Another Lockdown… or You Could Forget About It And Consider U.S. Estate Tax On U.S. Securities Held With Canadian Investment Dealers

January is kickstarting what seems to be the “Year of the Hats” for me. In addition to my usual winter hat and estate planner hat, this month I’m also fashioning my wedding planner hat, COVID style.  As it turns out, planning a February wedding during a COVID lockdown actually means…

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Powers of Attorney: Whose Decision Is It Anyway?

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management Is your caregiver the best person to make financial and property related decisions for you? Should these roles be filled by different people with unique skill sets? Will your caregiver respect the input and decisions of…

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Disclosure of a Party’s Medical Records

In will challenges, it is common to seek the disclosure of the testator’s medical records for the period around the time the will was signed. The medical records are directly relevant to the question of whether or not she had the requisite capacity to sign the will. While the testator…

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Designating a successor for the TFSA

Designating the surviving spouse or common-law partner as the successor holder of the Tax Free Savings Account “TFSA” simplifies the administration of transferring the account upon the death of the decedent.  A successor holder may only be a spouse or common-law partner. All provinces and territories in Canada, except Quebec,…

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Please note ‘January is Alzheimer’s Awareness Month’

Reposted January is Alzheimer’s Awareness Month. Like many of you, I think about Alzheimers quite often; not only the  occasional word finding challenge but for anyone who lives with dementia- closely impacting their own lives- the changes it brings. Do we need a special awareness month to remind us?…

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Thank You for Being a Friend – The Legacy of Betty White

Today’s blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP Betty Marion White was born on January 17, 1922 and passed away at her home on December 31, 2021 – just 17 days shy of her 100th birthday. “I feel like crawling under the covers and eating…

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The Golden Girl’s Estate

Betty White was one of those rare celebrities that everyone loved. Working in the estate industry, we can’t help but talk about the wills of the rich and famous. You would be surprised to know about the planning considerations that have come up with Betty’s estimated $75 million dollar estate….

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Passing of Accounts when the Grantor is Presumed Capable

In Winkler v. Thompson, the court considered whether a niece who held a power of attorney for property for her uncle (the “Deceased”) but insisted that she never acted in a fiduciary capacity for the Deceased should have to pass her accounts. The Deceased was survived by his estranged spouse…

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OAS Planning

The Old Age Security (“OAS”) pension is a monthly payment you can get if you are 65 years of age or older. In many cases, Service Canada will automatically enroll you in the year prior to your 65th birthday. To the occasional surprise of some folks, the receipt of OAS…

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