All About Estates

Month: August 2023

Total 18 Posts

Effective Communication Is the Bedrock For Optimal Eldercare

Effective communication is the bedrock for functional eldercare teams. In many disputes related to care of an elderly or disabled person, poor communication is at the core of a dysfunctional team that cannot work together to provide optimal care for the client. Caregiving is a team sport complicated by the…

Continue Reading

Further Assessing Drake’s Estate Planning Needs

Nearly two years ago, I wrote a blog post titled “Assessing Drake’s Estate Planning Needs”. The post looked at rap sensation Drake’s assets vis-à-vis his intent for his son Adonis to be the sole beneficiary of his estate, and the various considerations that he ought to have in planning for…

Continue Reading

Teamwork: An Essential Piece in Estate and Incapacity Planning

This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management They say that “teamwork makes the dream work.”  In an estate and incapacity planning context, you will need to create a team to execute the vision you document in your Will and incapacity planning…

Continue Reading

The Will Speaks from Death

A Will Speaks from Death In VanSickle Estate v. VanSickle, 2022 ONCA 643, the Court of Appeal for Ontario considered the presumption that a Will is to be interpreted as if it had been written immediately prior to the death of the testator. Background  Dorothy VanSickle died in 2019 at…

Continue Reading

Revisiting the “Rule of Convenience”

Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5%…

Continue Reading

‘Til death do us part … the bank accounts: A warning for common-law couples

This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  Summer is upon us, in all its glory. After a pandemic hiatus, my calendar is dotted with weddings to attend for friends and family members. But is this summer spectacle going the way of the dodo?…

Continue Reading

Reviving a revoked will

It is quite common for a will to begin with a statement that all previous wills and codicils are revoked. This is done to ensure that only the will being executed at that time remains the valid will of the testator, and any prior testamentary instruments no longer desired will…

Continue Reading

Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities.

Continue Reading