All About Estates

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Total 456 Posts

Ordering a Capacity Assessment When it is Resisted

Section 105 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and s. 79 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 provide the court with authority to order a capacity assessment, even when the individual objects. It is an extraordinary power but not one that is…

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Sumer time and the living is easy- but only if you plan ahead.

Are you planning any summer holidays?  Are you travelling alone or with your family?  Should you decide to vacation with your older parent, there are some pre planning tips that can make this journey more enjoyable for both of you. Firstly, know what type of holiday would be best for…

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Digital Assets: Spotlighting Client User Considerations (Part I)

Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. It has become clear that the “wait and see” approach to digital assets and digital currency has now shifted to a need for prudent guidance and action by advisors and institutions. According to CoinMarketCap, the total…

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Where There’s a Will, There’s a Digital Way: Part #1

This blog was written by Ardena Bašić The stereotypical will everyone imagines usually consists of aged scrolls, fine black ink and sophisticated language such as “henceforth” and “thereafter.” However, in our increasingly digitized world, a new type of estate planning has arrived. Online, digital and electronic wills are increasingly rising…

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Leaving testamentary gifts vs giving while living – By: Yvonne Mazurak

As others have previously noted on this blog, over the coming years, we will be witnessing an unprecedent transfer of wealth from one generation to the next. While much will be transferring by way of inheritance, some who are in a position to, might wish to consider transferring assets to…

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‘Wishful Thinking Isn’t Thinking’

I continuously try to ‘live in the moment’ but I am often not successful. Today the sun is shining and Rory McIlroy just won his second Canadian Open. While it is exciting  for so many of us, for so many reasons, part of my day was spent supporting a dear…

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LGBTQ2S+ Considerations in Estate Planning

This Blog was written by: Hannah Zip, Estate and Trust Consultant, Scotia Wealth Management  Proper estate and incapacity planning is important for people from all walks of life, however there are some special considerations that should be kept in mind when discussing estate planning with members of the LGBTQ2S+. This…

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What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on…

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A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU?

This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an…

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Estate Planning for Agricultural Producers

This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management There are a significant number of agricultural producers that require estate planning services.  According to a 2016 Statistics Canada report, there are 193,492 census farms in Canada.  Many agricultural producers are reaching retirement age…

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