All About Estates

Month: January 2023

Total 19 Posts

More Commentary on the Evaluation of Capacity to Consent for MAiD

There appears to be a lack of consensus in the mental health field whether persons with a mental disorder-sole underlying medical condition can be adequately evaluated for capacity to consent to MAiD.

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Ushering in the Year of the Rabbit: Symbol of Longevity

Why is it important to determine a primary diagnosis and prognosis before assessing needs? Let’s get back to basics. If the dispute relates to the care of an elderly person, it is important to determine the person’s clinical baseline based on standardized assessments.

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Certain Recurring Tax and Estate Planning Questions from New Canadians

Today’s blog post was written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto According to a recent article in the Globe and Mail, Canada added more than 437,000 new permanent residents last year, while the federal government intends to admit 1.45 million more new permanent residents over the next…

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Estate donations that don’t get made

John Quinn was a corporate lawyer and Wall Street titan.  A bachelor known for his many lovers, Quinn was also America’s first great modern art collector and tireless public champion.  He was a friend of literary and art legends like Picasso, WB Yeats, and Joseph Conrad. Quinn died in 1924 of cancer…

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Costs where Will Challenge was Not Frivolous

On December 21, 2022, the Court of Appeal released its decision in Di Nunzio v Di Nunzio, 2022 ONCA 889 (CanLII) (“Di Nunzio”). The testator’s daughter appealed the lower court’s decision dismissing the challenge to her mother’s will (Di Nunzio v. Di Nunzio, 2021 ONSC 6689 (CanLII)). The daughter appealed…

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Valuation of Interests in Discretionary trusts and Family Law

These days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues…

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January is Alzheimers Awareness Month

Happy New Year. It was a busy start of the new year as families were eager to connect, speak with an expert, learn and gather information. As January is also Alzheimers Awareness Month, I thought I would share how my first week in January 2023 was spent with several new…

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What Happens when a Taxpayer Dies with a Registered Retirement Savings Plan?

Today’s blog was written by Pritika Deepak, Associate at Fasken LLP. Dealing with the tax implications arising upon an individual’s death is a central theme in estate planning. These tax implications may differ depending on the assets and properties that an individual owns at death, as well as the individual’s…

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Resolutions, Time Capsules and that Country Twang

It’s a new year and that means resolutions to strive for. For example, coming up with a blog post on short notice when no one at Scotia wanted this blog date. Talk about seizing opportunities. During the pandemic, I got into country music. I admit it y’all. I grew an…

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