All About Estates

Month: October 2022

Total 14 Posts

Time to take our heads out of the sand and embrace the challenges and gifts of dementia care

Guest blogger: Sasha Adler MSW, RSW (clinical manager with Elder Caring Inc.) CanAge, just released a startling report  that assesses Canada’s level of preparedness for the “massive influx of dementia patients that experts warn is set to overwhelm our health care system in the coming years”. To help visualize this…

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Update on Suggested Amendment for Capacity to Consent to MAiD

I suggest “an appreciation of the impact MAiD will have on family members and friends” be included in fulfilling the proposed amendment of the appreciation test for consenting to MAiD. The proposed amendment would not mandate being bound by others’ opinions, but that that lack of ability to appreciate the views of one’s significant others would demonstrate a lack of ability to apply the relevant information to one’s circumstances.

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Can You Sever Joint Tenancy After Death?

Joint tenancy has a lot in common with the TV show Survivor: the goal is to outlast your fellow castaways to win the prize – full ownership of the property. To escape this game show mentality, owners may sever the joint tenancy.

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Principal residence – deceased vs. estate (Part 2): Time is of the essence

In my previous blog, Principal residence – deceased vs. estate, I discussed the opportunity for an estate to claim a capital loss on a property that was previously the principal residence of the deceased and carry it back to the deceased’s final tax return under subsection 164(6) of the Income…

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From Pepper to Grace: our robots are looking more like us….

In February 2019  I visited Shintomi Nursing Home in Tokyo Japan that utilized over 20 different types of care bots.  I had previously introduced you to Pepper, one of their care bots that is able to entertain and lead exercise classes. This past week, I read about Grace  who was…

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Estates in the Media – Fact or Fiction?

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP It feels like everyday a new television show or movie is released and sometimes (if we’re lucky) we get to see our profession played out on the big screen. But perhaps “lucky” isn’t the right word, since most…

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Charities Lawyers Don’t Recommend

I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment…

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You Wear the Executor Hat First

It’s not easy being an Estate Trustee and a beneficiary. However, an Estate Trustee must be ever mindful that she wears the executor “hat” first. In other words, the duties an Estate Trustee owes to the beneficiaries must come before the Estate Trustee’s own interests. Otherwise an Estate Trustee will…

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More than the estate you leave behind

This blog was written by Justin Ecclestone, Estate and Trust Consultant with Scotia Wealth Management  In the estate planning world we come across people from many different walks of life with unique stories. I have noticed that clients tend to focus all their attention on the will while the powers…

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Now Updating…Do Not Give Up Before All Revisions Are Complete

Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP, in collaboration with Jessica Butler, Law Clerk at Fasken LLP. As we move into fall and the corresponding back to school (or office) routines, we in estates administration have a further revision to our primary “textbook.”  The latest…

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