March 2023 – Page 2 – All About Estates

Representation of Incapable Individuals

Joanna Lindenberg • March 22, 2023 • 0 Comments

In disputes relating to the guardianship of an incapable person, the subject of their representation often arises. The appointment of counsel pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“section 3 counsel”) is often treated as akin to or even the same as the appointment of a litigation guardian in accordance with Rules 7.01-7.03 of the Ontario Rules of Civil Procedure. However, these roles….

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Capacity Law, Disability, Elder Care, Family Conflict

Private foundations & private company shares

John Oakey • March 21, 2023 • 1 Comment

Philanthropic individuals that own their wealth in a private company may want to set-up a charitable legacy by donating some of their shares or debt to a private foundation. Although this sounds like a great idea, caution needs to be exercised. Donations of private company shares or debt to a private foundation may not result in a charitable donation tax credit under the Income Tax Act (ITA) due to the….

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Charitable Giving, Philanthropy/Charitable Giving, Tax Issues

Housing Options for Seniors in Canada

Susan J. Hyatt • March 19, 2023 • 0 Comments

Cheerful seniors having fun while taking selfie at retirement community. stock photo

What Are the Housing Options for Seniors? As each decade passes, one of our challenging and essential questions is – what are the housing options for seniors? Since the COVID pandemic, polling has shown that older Canadians have overwhelmingly indicated they wish to stay in their homes until the end of life. But at what cost and under what circumstances? Everyone has their perspective for each life stage. Some people….

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Elder Management, Smart Ageing

Considerations when Administering a Canadian Estate with US Situs Assets

Fasken • March 17, 2023 • 0 Comments

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. As today’s world continues to grow increasingly interconnected, more estate professionals find themselves dealing with a web of cross-border assets and jurisdictional issues. This post considers certain issues that you might face when administering a Canadian estate with assets situated in the United States. Legal Authority You must first determine whether you will need legal authority to….

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Canadian and US Tax Treaty, Estate Administration, International, IRS, Probate Tax, Tax Issues, United States, US Taxes, Wills

Complaining about a charity

Malcolm Burrows • March 16, 2023 • 0 Comments

Charity regulators all have processes for members of the public to make complaints about the charities. These processes reveal as much about the regulator and the underlying laws as they do about charity malfeasance. Charities are generally good actors, but they do sometimes have lapses or get caught in internal, community, or national politics. In a few cases, you have “wolf in sheep’s clothing” charities, which whistle blowing mechanisms are….

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Charitable Giving, Philanthropy/Charitable Giving

Don’t be Vexed Over Security for Costs of an Appeal

Gillian Fournie • March 15, 2023 • 0 Comments

Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant…..

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Appeals, Contested wills, Costs, Estate Litigation