All About Estates

Powers of Attorney: Whose Decision Is It Anyway?

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management Is your caregiver the best person to make financial and property related decisions for you? Should these roles be filled by different people with unique skill sets? Will your caregiver respect the input and decisions of…

Continue Reading

Disclosure of a Party’s Medical Records

In will challenges, it is common to seek the disclosure of the testator’s medical records for the period around the time the will was signed. The medical records are directly relevant to the question of whether or not she had the requisite capacity to sign the will. While the testator…

Continue Reading

Designating a successor for the TFSA

Designating the surviving spouse or common-law partner as the successor holder of the Tax Free Savings Account “TFSA” simplifies the administration of transferring the account upon the death of the decedent.  A successor holder may only be a spouse or common-law partner. All provinces and territories in Canada, except Quebec,…

Continue Reading

Please note ‘January is Alzheimer’s Awareness Month’

Reposted @allaboutestates.ca January is Alzheimer’s Awareness Month. Like many of you, I think about Alzheimers quite often; not only the  occasional word finding challenge but for anyone who lives with dementia- closely impacting their own lives- the changes it brings. Do we need a special awareness month to remind us?…

Continue Reading

Thank You for Being a Friend – The Legacy of Betty White

Today’s blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP Betty Marion White was born on January 17, 1922 and passed away at her home on December 31, 2021 – just 17 days shy of her 100th birthday. “I feel like crawling under the covers and eating…

Continue Reading

The Golden Girl’s Estate

Betty White was one of those rare celebrities that everyone loved. Working in the estate industry, we can’t help but talk about the wills of the rich and famous. You would be surprised to know about the planning considerations that have come up with Betty’s estimated $75 million dollar estate….

Continue Reading

Passing of Accounts when the Grantor is Presumed Capable

In Winkler v. Thompson, the court considered whether a niece who held a power of attorney for property for her uncle (the “Deceased”) but insisted that she never acted in a fiduciary capacity for the Deceased should have to pass her accounts. The Deceased was survived by his estranged spouse…

Continue Reading

OAS Planning

The Old Age Security (“OAS”) pension is a monthly payment you can get if you are 65 years of age or older. In many cases, Service Canada will automatically enroll you in the year prior to your 65th birthday. To the occasional surprise of some folks, the receipt of OAS…

Continue Reading

Reflections …. And Resolutions

As the calendar flips into 2022, I am sure many of us will be thinking – where did 2021 go? Without an active social life to distract me, why are my own affairs not in order? And, of course, what are my New Year’s resolutions for 2022? The end of…

Continue Reading

Don’t Assume You Can Access Your Money

Litigation can be expensive. At the forefront of the minds of many parties is the question of how to pay the legal costs. Sometimes the money that a party needs (or wants) to access in order to pay for the litigation is at the centre of the dispute. This can…

Continue Reading