Wills & Estates

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. …

When we speak about “capacity” in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the “best” or the “right” …

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…

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…

The Registered Disability Savings Plan (RDSP) is a government assisted savings plan available to individuals who qualify for the Disability Tax Credit (DTC) and is intended to help ensure the financial security of an individual with a disability. Federal government contributions may also be …

The Registered Disability Savings Plan is an important tool for Canadians with severe disabilities. These accounts provide long-term financial security for individuals with a severe disability and who qualify for the Disability Tax Credit. This article explains the main benefits of an RDSP a…

The Registered Disability Savings Plan (RDSP) is a government assisted savings vehicle introduced in the 2007 Federal Budget. The plan is available for individuals that qualify for the Disability Tax Credit (DTC) and is intended to help ensure the financial security of an individual with a s…

Predatory marriages are a developing phenomenon in Ontario. Predatory spouses take advantage of elderly victims and assume control of their financial affairs. This can have severe consequences for the victim and their family. Recently Canadian courts have taken a stricter stance on what sort…

Siskinds lawyer Laura Geddes writes about what is required in order for a Will to be considered valid. Often people attempt to write their own Will, but if it does not conform to the legal guidelines then it will not be recognized and it may not be possible to follow through on their wishes. Many...