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Wills, Trusts & Estates

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Tuesday, September 12, 2017 @ 11:59 AM

Canada Revenue Agency offers voluntary disclosure for non-compliant charities

Charities Directorate needs to strengthen guidance to bring process into line with upcoming changes to program covering non-profits. ... [read more]

Friday, September 08, 2017 @ 1:54 PM

MacPherson picked as new head of the Law Society of Prince Edward Island

The Law Society of Prince Edward Island elected Jennifer MacPherson as its new president. ... [read more]

Friday, September 08, 2017 @ 9:21 AM

How to encourage clients to revise their wills — without raising eyebrows

With most studies saying half of Canadians don’t have properly executed wills in place, clients — ever wary of extra legal fees — need to be reminded from time to time that they should update the document to reflect their wishes. ... [read more]

Friday, September 01, 2017 @ 9:03 AM

Inter vivos shelter trusts for children with special needs

I regularly speak to clients who want to buy a home for an adult child with special needs, to make sure they have safe and secure housing before they pass on. Many opt to buy a home and rent it to the child, but some consider buying it and putting it in the child’s name. If the child is receiving provincial disability benefits, this option is problematic because the net proceeds from the sale of the home would disqualify them from disability benefits. There’s also the potential for them to be manipulated by unscrupulous individuals, such as a new spouse who then divorces them. ... [read more]

Thursday, August 31, 2017 @ 8:40 AM

Till death do us part: Wills in blended families bring challenges for lawyers

The Ontario case of Rammage v. Estate of Roussel highlights the difference between reciprocal and mutual wills, and should cause lawyers to rethink the practice of acting for both spouses in a second marriage situation. ... [read more]

Thursday, August 24, 2017 @ 8:47 AM

Be nice to your sister: Managing estates with difficult adult children Difficult_Children

Lots of families have them: a sibling who can’t get it together, causes more than their share of family drama or constantly needs to be bailed out of trouble. Maybe it’s a step-sibling who feels slighted by Dad’s new wife, a brother who’s battled addiction or a sister with a sense of entitlement. Whatever the situation, the result is the same: the potential for conflict — both legal and emotional — when parents die without a detailed will and estate plan. ... [read more]

Thursday, August 24, 2017 @ 8:38 AM

TRUSTS - Purpose trusts - Non-charitable purpose trusts

Appeal by the Municipality of Port Hope from the finding that it had breached its duties as trustee. ... [read more]

Tuesday, August 22, 2017 @ 8:28 AM

TRUSTS - Termination, revocation and variation - Rights to early termination

Appeal by Pallot from a decision dismissing his application for partition and sale of his leasehold interest on the basis that he lacked standing to bring the application. ... [read more]

Friday, August 18, 2017 @ 8:32 AM

The potential problem with joint power of attorney

The other day the son of a client phoned to say that they were having issues with the bank concerning an enduring power of attorney that I had prepared for his mother a number of years ago.  The son and two of his sisters were appointed jointly to act as the attorneys.  The issue at the bank was that they would not allow internet banking because all three of them could not be accessing the internet at once and the bank would have no way of knowing who was accessing the account. ... [read more]

Wednesday, August 16, 2017 @ 9:54 AM

UNINCORPORATED ASSOCIATIONS AND CLUBS - Membership - Withdrawal - Relations of members to one another - Ownership of assets

Appeal by the Polish Alliance of Canada (PAC) from an application judge’s decision that 100 per cent of the members of a PAC branch had voted to leave the PAC and that the “clubman’s veto” applied. The PAC was an umbrella organization that had as its object the promotion of the general cultural, education and social welfare interests of its members. ... [read more]