All About Estates

Category: In the News

Total 241 Posts

Goodbye Queen Elizabeth II

As I sat down to write my Monday blog, which was going to be on Bill 7, ( the ridiculous plan to have alternate level of care [ALC] patients transferred out of the hospital to anyplace, anywhere or pay $400 daily) instead, I decided to pay tribute to the late…

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What If… Black Panther Made a Will? – Lessons in Ensuring Your Common-Law Spouse Inherits if You Die Without a Will

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Chadwick Boseman’s death came as a surprise to the world when he passed away in August 2020, at age 43 from colon cancer.  Chadwick was best known for his role in Black Panther – the first superhero movie…

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Who is a “Spouse”?

A ‘Playboy’ Millionaire’s Legacy The estate litigation of dismembered multi-millionaire Gang Yuan has once again made headlines. Last Friday, the British Columbia Court of Appeal denied leave to appeal by one of five mothers to his children who sought to establish that she was a “spouse” to Mr. Yuan. Mr….

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Update on MAiD: Mental Disorder as a Sole Underlying Medical Condition

In Canada, the law no longer restricts medical assistance in dying (MAiD) to people whose death is reasonably foreseeable: as of March 17, 2023, people with a mental disorder as a sole underlying medical condition (MD-SUMC) will be eligible for MAiD.

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The Value of Canadian Tire “Money” in Estates

Canadian Tire “money” has been distributed by Canadian Tire stores for almost 65 years. While CT Money is often dismissed, it may be a mistake to ignore the bills as a potential asset of the estate.

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April Showers Bring More May Showers…..

Happy May- it may not feel like Spring- but this is what our calendar tells us.  Now Census data tells us that the number of seniors over age 85 is expected to triple in the next 25 years- YIKES.  The Atlantic provinces will have the highest proportion of seniors (over…

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Capacity to Consent to MAiD: A Suggestion For Amendment

I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends.

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Inbox (1): My Last Will and Testament

This blog was written by Adam Settecase We are living in the hyper-digital age. As a result of the COVID-19 pandemic, the formalities for executing wills have been modified in many jurisdictions to allow for virtual witnessing via videoconference. An attestation by a witness who is not even remotely in…

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How A Rumoured Las Vegas Wedding To A Russian Child Star Shook Up An Intestacy

The background to the unopposed motion was lurid: a prominent lawyer cut down before her time and a last-minute Las Vegas marriage to a former Russian child star. In Estate of Tanya Claudia Davies, 2022 ONSC 2009, the court stayed an application for a certificate of appointment of estate trustee…

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Latest Draft National Standards for LTC

I spent much time yesterday reading the National Standard of Canada guidelines from the Health Standards Organization draft report on developing new standards for Long Term Care. This draft document is titled “Long-Term Care Services” (CAN/HSO 21001:2022).  I also read the Globe and Mail and Toronto Star articles nicely packaged…

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