Guardianship Applications under the Children’s Law Reform Act
A minor is considered to be a person under the age of eighteen years. In Ontario, a parent is automatically the guardian of the person of his or her minor child.[1] However, a parent is not automatically the guardian of property of his or her minor child.[2] In certain circumstances, a paren…
Continue reading the post titled Guardianship Applications under the Children’s Law Reform ActFinancial Exploitation and Elder Abuse
What is Elder Abuse?[1] Several millennia have passed since, according to the Book of Genesis, Jacob and his mother, Rebecca, conspired to trick Isaac who was, according to biblical scholars, by then an ailing and blind 130 year old man. They tricked him into believing that Jacob was his bro…
Continue reading the post titled Financial Exploitation and Elder AbuseConcerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis
The recent decision in Seepa v Seepa, 2017 ONSC 5368 contains observations that may have an impact on future Will challenges under Rule 75.06 of the Rules of Civil Procedure and in particular, on the materials that must be placed before the court in the “Motion for Directions”, which typical…
Continue reading the post titled Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary BasisTwelve FAQ for Wills and Estates
Siskinds’ Will and Estate Lawyers respond to hundreds of calls each year. Here is a list of the questions I am most frequently asked, and my standard responses. How do we find out if there is a will? What happens in an intestacy? When is there a reading of the will? How do I get...
Continue reading the post titled Twelve FAQ for Wills and EstatesWhat happens if a deceased’s will is lost? What if it has been destroyed?
Estate trustees – an individual (or individuals) appointed to administer a deceased’s estate – may find themselves unable to locate the original copy of the deceased’s Will. Perhaps the Will has been misplaced, or destroyed. What is to be done in these situations? Luc…
Continue reading the post titled What happens if a deceased’s will is lost? What if it has been destroyed?Whittling Down Our Testamentary Freedom
Testamentary freedom – the principle that a person of sound mind is free to leave his or her estate to whomever they like, for whatever reason, and without explanation– is a deeply entrenched notion in Canadian common law and society. However, as those of us in the estates and trust field kn…
Continue reading the post titled Whittling Down Our Testamentary FreedomRemoving a Court-Appointed Guardian in Ontario
Previous articles have discussed powers of attorney and guardianships and the duties and obligations of attorneys and guardians. But what can be done when a family member of the incapable person feels that the guardian or attorney is not acting appropriately? Occasionally, supportive friends…
Continue reading the post titled Removing a Court-Appointed Guardian in OntarioThe Consent and Capacity Board Cannot Appoint a Guardian of Property
A recent article in the London Free Press discussed the difficulty a local woman is experiencing in attempting to deposit a settlement cheque issued on behalf of her incapable brother. The article refers to a process whereby the individual would not have to become her brother’s official guar…
Continue reading the post titled The Consent and Capacity Board Cannot Appoint a Guardian of PropertyUS Estate and Gift Tax: Part I – an introduction
Canada has not had estate and gift taxes since their repeal in 1972.[i] It will be a surprise for many Canadians that they could still be subject estate and gift taxes under US tax law. Canadian residents who are not US citizens can be subject to tax on assets owned in the United States including...
Continue reading the post titled US Estate and Gift Tax: Part I – an introductionRDSPs: working with Henson Trusts
Prior to the introduction of the Registered Disability Savings Plan (RDSP) in 2008, the most prudent financial planning tool for parents with a child suffering from prolonged and severe disabilities was the Henson trust. RDSPs have not made the Henson trust obsolete; it can be used jointly w…
Continue reading the post titled RDSPs: working with Henson Trusts