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Wills, Trusts & Estates

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Thursday, December 05, 2019 @ 11:10 AM

Serving legal papers via social media Thumbsupicon.ca

As many lawyers know, locating and personally serving a defendant with a statement of claim can at times be an onerous process and it can especially be troubling if you are having difficulties locating the defendant. ... [read more]

Wednesday, December 04, 2019 @ 9:42 AM

Principal residence trusts for disabled persons: Proposed amendment Wooden house balanced with money

In 2016 the federal government announced amendments to the Income Tax Act (ITA), including changes to the definition of “principal residence.” The outcome of these changes was such that, as of Jan. 1, 2017, only three categories of trusts remained eligible to claim the principal residence exemption (PRE): ... [read more]

Tuesday, December 03, 2019 @ 8:32 AM

Digital asset deep dive: Client management digital_lightbulb_sm

When a client comes to you for estate planning advice with a comprehensive and detailed list of assets, the follow-on steps result in developing a plan; taking client instructions; providing advice; and executing on the actions directed by the client. ... [read more]

Tuesday, December 03, 2019 @ 6:26 AM

GIFTS - Inter vivos - Validity of transfer

Appeal by the plaintiff from trial judgment finding that the appellant’s mother succeeded in having her property transmitted to the respondents, her other two children, without it passing through her estate. ... [read more]

Monday, December 02, 2019 @ 11:33 AM

Gender diversity in legislative drafting act | Lawrence David

One never truly knows to where a simple cup of vanilla chai can possibly lead. Case in point: I went to an unnamed, yet well-known coffee shop around the block after a day of writing. Aside from placing my order, I had an incredibly insightful conversation with a barista. Their name is Jaclyn, and they are an exemplar of human warmth, decency and going above and beyond preparing a customer a cup of vanilla chai. Jaclyn inspired this column and I am privileged to dedicate it to them. ... [read more]

Thursday, November 28, 2019 @ 1:56 PM

Capacity for powers of attorney: A legal test brain_gears_sm

Last month we looked at the capacity for a will. Now we will look at the capacity for powers of attorney, mainly the power of attorney for property and power of attorney for personal care. ... [read more]

Tuesday, November 26, 2019 @ 12:31 PM

Digital assets deep dive: Tech solutions digital_lightbulb

In my practice, I have spoken at many workshops and conferences with estate lawyers, estate planners, clients and the general public. Regardless of the audience, some of the first words often blurted out are, “password managers,” or the question is asked, “what about password managers” in an effort to tidily solve the entire digital assets dilemma in one fell swoop. We live in a complicated world where every minute of the day is taken by orchestrating client commitments, and we just don’t have the time to investigate a new and evolving digital domain that requires more research than can be handled with a passing comment. ... [read more]

Monday, November 25, 2019 @ 1:00 PM

November ‘Make a Will Month’ in Ontario make_will_sm

For wills and estate lawyers however, solicitors and litigators alike, November is associated with only one thing: wills. This is because November is “Make a Will Month” in Ontario. “Make a Will Month” is a public awareness campaign championed across Ontario by the Ontario Bar Association (OBA). ... [read more]

Friday, November 22, 2019 @ 2:07 PM

Death while divorcing Wilted roses in snow

A relationship has broken down and now the parties have separated and agreed to divorce. But what happens when someone dies in the midst of divorce proceedings? Where does that leave things? ... [read more]

Friday, November 22, 2019 @ 9:04 AM

Preserving disability support benefits and post-mortem planning disability_wheelchair_sm

We all want quality of life for our loved ones — especially those with special needs. However, planning for them can be fraught with difficulties, some of which may jeopardize their entitlement to Ontario Disability Support Program Act benefits (ODSP). ... [read more]