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Caring for Dependent Children: Protecting Their Rights and Yours

Caring for a dependent child is a full-time job. There are not enough government resources, and those that exist are often deficient. It must feel, more often than not, as though the obstacles are insurmountable, the forms and red tape endless. In order to make it through the days and months, we come up with […]

Estate Trustee Compensation

In accordance with Ontario legislation an estate trustee is entitled to receive compensation for his/her efforts in administering the estate of a deceased person. The legislation does not provide a fixed percentage or methodology for calculating same. The case law provides relevant criteria to be applied when fixing compensation, referred to as the five factors […]

Double Wills – Primary (Public Asset Will) and Secondary (Private Asset Will)

Preparing double wills is an estate planning technique which minimizes the amount of probate fees (estate administration taxes) payable on death by your estate. The purpose of “probate” is to certify that a Will has been duly proven and registered in the Court and that the administration of the deceased’s property has been committed by […]

Things to Consider when Appointing an Estate Trustee

Looking to appoint an estate trustee (executor) for your estate?  Here are a few things to consider when making this important decision: Are they capable? There is no getting around it – this is a lot of work.  Does your chosen estate trustee have the ability to deal with lawyers, financial institutions, insurance companies, and […]

Are Your Affairs in Order? A Few Resolutions to Help You Out…

As we ring in a new year, many of us make a number of resolutions: do more exercise, lose weight, less screen time and more books, etc.  Another goal to consider – get your legal affairs in order.  We will go into more detail in future blog posts, but here are some goals to add […]

Why piece meal planning is dangerous!

I have recently been asked to prepare wills for an older couple who have several properties, various investments and two adult children. The real properties include both the matrimonial home, cottages and investment properties. I always ask the client how title is held and then I ask them to provide me with a copy of […]

Supreme Court of Canada Decision on Accessing Assistance

The Supreme Court, in a unanimous landmark decision has declared the provisions in the criminal code, which have prevented Canadians from accessing assistance in dying, to be invalid as they unjustifiably infringe section 7 Charter rights. The decision has been suspended for 12 months to allow the federal and perhaps provincial governments time to provide […]

Health Care Decision Making: Powers of Attorney for Personal Care

It has been 20 odd years since the Supreme Court of Canada upheld the ban against assisted suicide in the Sue Rodriguez case.  In October the issue was before the Supreme Court again and on February 6 of this year, they unanimously decided to lift the ban against competent adults with irreversible medical conditions having […]

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