The cool fall air has finally arrived. Cords of wood are being delivered and wood stoves are being fired up. Gas fireplaces are being flicked on. The best way to prevent injury and loss from fire is to be prepared. But when you have been affected by fire, you need to know your legal […]
Posted in Estates
Caregivers are increasingly being held to a higher legal standard. They are now generally regarded as a “fiduciary” to the person to whom they provide care. A fiduciary has higher obligations legally – caregivers are now in that category. Historically there are general categories of fiduciary relationships that have evolved in Ontario. They include: agent […]
Posted in Estates
So, you have been named as an “estate trustee” (i.e., executor) in a last will and testament – what now? This is typically an onerous role, so it is important you understand your duties and potential liabilities if you accept this role, which you must decide at the outset. In Ontario, “probate” is an antiquated […]
Posted in Estates
You know you should do it – make an estate plan. Do a last will and testament and your powers of attorney. Don't let the government take more than necessary; protect your beneficiaries. But what happens if you don't listen and you have no will or estate plan? Is it really that bad? Answer – […]
Posted in Estates
1.What is a Power of Attorney? A Power of Attorney is a legal document that gives someone else the right to make decisions on your behalf. 2. Are there different kinds of Power of Attorney? Yes. In Ontario there are three kinds of Power of Attorney: A Continuing Power of Attorney for Property (CPOA) covers […]
Posted in Estates
So, you’re unhappy with the last will and testament of a family member, or someone from whom you reasonably expected to inherit…… Legally, any person can challenge the validity of a Will, but there are only certain grounds to do so. If you do not qualify within one or more of these recognized grounds, the […]
Posted in Estates
Generally, you can designate a beneficiary for your RRSPs. If you do, generally the RRSP will be paid to your designated beneficiary on your passing. The RRSP will not form part of your Estate and, therefore, not be subject to Ontario’s estate administration tax. However, the problem: the federal Income Tax Act provides that, even […]
Posted in Estates
What happens when a person in Ontario becomes disabled or incapacitated, to the extent that the person cannot make decisions about his or her own health care or treatment? In short, someone else is authorized or appointed to make those decisions for the incapacitated person, subject to certain rules and duties imposed by law. However, […]
Posted in Estates
By emergency order made on April 7, 2020, any person may now sign a will and powers of attorney virtually, or remotely, with your lawyer or licensed representative. This new measure will make it much more convenient for you to make a new will and powers of attorney, particularly during isolation and the need to […]
By emergency order made on April 7, 2020, any person may now sign a will and powers of attorney virtually, or remotely, with your lawyer or licensed representative. This new measure will make it much more convenient for you to make a new will and powers of attorney, particularly during isolation and the need to […]