All About Estates

National Seniors Day

National Seniors Day was celebrated on October 1, 2020.  I am not sure ‘celebrated’ is the right word.  Most of us don’t feel like celebrating these days and should we be so inclined- we are significantly restricted.  My wonderful client turned 101 in September and the only celebrants was the…

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Considering a “Pour Over” Clause?

I recently had a discussion about pour over clauses which sparked my curiosity!  After some research I considered in what estate planning context this tool might be used and, as with everything, the pros and cons. In the United States, where pour over clauses appear to be used more commonly,…

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Personhood and RBG

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotia Wealth Management If you are frequent visitor to All About Estates, you can likely appreciate the importance of a well-prepared estate plan. The cornerstone of the estate plan is the Last Will and Testament. Many contributors to this…

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Who Can Be a Litigation Guardian?

A recent decision by Master Kaufman examines whether a person with a personal interest in the legal proceedings can act as a litigation guardian for a party under a disability. In Shady Saleh v. Mohammed Salehe, the plaintiff, Shady, was his mother’s power of attorney for property. He sought to…

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Estate planning and TOSI – Part I

Finance stated that the purpose of the revised tax on split income (TOSI) regime, which became effective January 1, 2018 was “to limit the ability of owners of private corporations to lower their personal income taxes by sprinkling their income to family members who do not really contribute to the business.”[1] The objectives related…

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Can You Care For Me Today and I Will Leave You My House When I Die?

When I had previously thought of ‘Gift Planning’ I was only considering the Will component, the gift left to a particular charity, once the person had died.   I had not fully appreciated all of the challenges that might be experienced when working with the older person while they are still…

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A Trap For The Unwary; ONCA Finds A Partner Responsible For Spousal Support Despite Maintaining Separate Residences and The Impact on Estate Planning

Today’s blog was co-written by Corina Weigl, Partner at Fasken LLP. The recent Ontario Court of Appeal (“ONCA”) decision Climans v Latner[1] (“Latner”) highlights a trap for the unwary.  For the purposes of awarding spousal support, clients may be found to be common law “spouses” despite maintaining separate residences.  The…

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Choice and Planning for Incapacity

This blog was written by Damian McGrath – Estate and Trust Consultant with Scotia Wealth Management Choice is the act of decision making when faced with two or more possibilities. Decision making requires an understanding of the situation, the decision itself and the consequences of it. If our ability to…

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Demonstrating Financial Need in a Dependant Support Claim

Today’s blog was written by Tyler Lin, student-at-law with de VRIES LITIGATION LLP When a person passes away, what happens to those who were depending on them? In Ontario, the requirement to provide for your dependants does not end on death. Where the deceased has failed to leave adequate support…

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Living Fully Before Dying

While I cooked all familiar  traditional foods last week, the family celebration was very different and difficult this year.  Of course not having my mother at the table was primary but due to Covid we were only the immediate family. No cousins, no friends joined us this year. Such a…

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