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Published on: 21 Jan 2016 By

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…

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Published on: 16 Dec 2015 By

Removing 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…

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Published on: 9 Oct 2015 By

The 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…

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Published on: 25 Nov 2014 By

Guardianship Applications and the Substitute Decisions Act

Usually, a power of attorney document will be used when a person becomes incapable. However, if that person did not have a power of attorney for property or personal care before they became incapable, a decision maker may have to be appointed by the court under the Substitute Decisions Act. …

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Published on: 24 Nov 2014 By

Proposed legislation will end preferential tax treatment for Testamentary trusts by 1 January 2016

In October 2014, the Federal Government tabled a Notice of Ways and Means Motion to implement changes to the Income Tax Act (‘ITA’) proposed in the 2014 Federal Budget. The government first disclosed its concern about perceived abuses of the tax treatment of testamentary trusts in the 2013 F…

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Published on: 20 Nov 2014 By

The Disability Tax Credit – Do You Qualify

In light of recent changes to the tax treatment of testamentary trusts, it is important for those planning for the future care of individuals with disabilities to understand the rules for Disability Tax Credit eligibility. Due to these taxation changes, only Qualifying Disability Trusts will…

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