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Wills, Trusts & Estates


Tuesday, August 06, 2019 @ 12:09 PM

INTERESTS IN LAND - Equitable interests - Resulting trusts

Appeal by the defendant Paul from trial judgment finding that the registered ownership of four parcels of land was subject to a valid and enforceable resulting trust in favour of the respondent plaintiff. ... [read more]

Tuesday, August 06, 2019 @ 10:44 AM

Severing joint tenancy in Nova Scotia done by trusting transfer, lawyer says

Co-owners of property in Nova Scotia wanting to sever the joint tenancy but retain their full share as part of their estate should do it by transferring their interest to someone whom they trust enough to give it right back, says a lawyer following a battle between two women over their family home. ... [read more]

Tuesday, August 06, 2019 @ 10:42 AM

Powers of attorney and advanced care planning: Revocation and alternatives power_of_attorney_sm

The Ontario Substitute Decisions Act, 1992 (SDA) requires an attorney for property to act diligently, with honesty and integrity and in good faith. It is also the attorney’s duty to explain his or her powers and duties to the incapable person, to encourage the person to participate in decisions about his or her property, to foster regular personal contact with the incapable person and supportive family members and friends, to consult with those supportive family members and friends, and to keep proper accounts of all transactions involving the incapable person’s assets. ... [read more]

Friday, August 02, 2019 @ 2:26 PM

Remedies to address abuse, negligence allegations in care homes Elderly man facing window

Over the past decade the number of injuries sustained by elderly residents in long-term care homes in Ontario has increased dramatically; so much so the province’s ombudsman launched a systematic investigation into this issue in 2010. A legislative overhaul of care homes in the province was made shortly thereafter. ... [read more]

Wednesday, July 31, 2019 @ 9:14 AM

Powers of attorney and advanced care planning: Property power_of_attorney_sm

Statistics show many Canadians are living with disabilities and many will have a long-term disability. Coupled with our aging population, there is a serious need for everyone to have properly planned for incapacity. Our first article reviewed the legislative framework in Ontario for powers of attorney, reviewed the two most common types in Ontario and discussed what happens if you don’t make powers of attorney prior to becoming incapable. This article considers important issues involving continuing powers of attorney for property. ... [read more]

Tuesday, July 30, 2019 @ 9:41 AM

Unequal treatment in B.C. will case not motivated solely by discrimination against daughters: judge David Freedman

A B.C. judge has amended wills for a multimillion dollar estate on the basis the couple’s four daughters were treated unfairly when the bulk of the money was given to their two brothers, but rejected the argument the parents were motivated exclusively by cultural practices in their actions. ... [read more]

Monday, July 29, 2019 @ 1:00 PM

New wills and estates partner for Blaney McMurtry

Blaney McMurtry announced that Blair L. Botsford has joined the Toronto firm as a partner. ... [read more]

Thursday, July 25, 2019 @ 3:16 PM

Canada’s ambiguity on art: appeal decision awaited Blue iris closeup

The significant Heffel Gallery Limited v. Canada (Attorney General), 2018 FC 605 (Heffel) decision was appealed to the Federal Court of Appeal in February. Since the Heffel decision was rendered in June 2018, works applying to be certified by the Canadian Cultural Property Export Review Board for the purposes of the special donation tax credit were put on hold until the result of the appeal was released. ... [read more]

Wednesday, July 24, 2019 @ 8:31 AM

Powers of attorney and advanced care planning: Disability power_of_attorney_sm

An estimated one in five Canadians (or 6.2 million) aged 15 years and over had one or more disabilities that limited them in their daily activities, according to new findings from the 2017 Canadian Survey on Disability. Statistics Canada reports that one in three Canadians will experience some form of disability lasting more than 90 days during their lifetime. While there are no helpful statistics on what proportion of persons with disabilities require an alternate decision maker to assist with property management or personal care/medical decisions, it is safe to say a significant percentage do or will. ... [read more]

Monday, July 22, 2019 @ 10:51 AM

Power of attorney compensation checklist paid_stamp_sm

If your client is appointed as attorney for property and/or attorney for personal care under a power of attorney document, here is a quick checklist of how to advise them on their compensation. ... [read more]