No Children? Who Should Manage Your Healthcare If You Lose Capacity?
Spouses commonly name each other as their Power of Attorney for Personal Care (POA PC) in case one of them becomes incapacitated. A POA PC is a legal document that gives someone the power or authority to make decisions on your behalf in the areas of: health care, medical treatment, nutrition, hygiene, clothing, housing and […]
Couple Disputes During Estate Planning
Though estate planning is a prudent, responsible and arguably sacred initiative, there are many junctures in the process that can potentially lead to spousal feuding: Spousal Hesitancy: One spouse may not actually wish to do their estate plan. In this case, they may have been “dragged” into the process by their spouse. Here, it may […]
Should Your Attorney for Personal Care Be Paid?
The answer to this question really is a matter of personal choice and circumstances. A Power of Attorney for Personal Care (POA PC) is a legal document that gives someone the power or authority to make decisions on your behalf in the areas of: health care, medical treatment, nutrition, hygiene, clothing, housing and safety. This […]
No Children? Then What Happens If You Die Without A Will?
If you die “intestate”, meaning without a valid will, your assets will be distributed according to the law of the jurisdiction in which you live. In Ontario, relevant legislation outlines an order of distribution regarding who gets what if you die intestate and have no children or grandchildren. However, this order may not reflect your […]
Property Rights in Human Tissue
[vc_row][vc_column][vc_column_text] From time to time, one may consider who really owns or should own items that develop in nature. For example, should someone be able to own and sell water, flowers, air (or oxygen), or even land for that matter? Would the answer depend on where the items are located and whose labour and resources […]
It`s not uncommon for parents to loan their adult children money to, for example, buy a starter home, pursue post-secondary education or finance a wedding. Unfortunately, many disputes have started amongst family members after the death of a lender parent over whether an amount given to one child is a gift, loan or advance against […]
Wrongful Death Claims
If a person’s death was caused by the negligence or an intentional act of another party, immediate family members can claim compensation. Those entitled to claim such benefits include the surviving spouse, children, grandchildren, parents, grandparents, brothers and sisters of the deceased. The terms “spouse” has a specific definition which must be fulfilled in order […]
Think Twice Before Accusing “Breach of Trust!”
Feinstein v. Freedman, 2014 ONCA 205, is a recent case that encourages would-be accusers of breach of trust to look and think deeper before declaring wrongdoing …the question put to the court was whether the children of the settlor of RFT, an inter vivos spousal trust, were entitled to have themselves appointed as trustees of […]
What is Happening to Our Families?
[vc_row][vc_column][vc_column_text] As I recently searched and reviewed several cases for blog post topics, I became aware, or was more likely reminded, that there are many families that have very unhealthy dynamics which either surface or intensify upon the death of a loved one. Furthermore, there are many cases of historical sibling rivalry and animosity, yet […]
From time to time, testators (will makers) express their intention that proposed beneficiaries of their estate must fulfill a certain condition before receiving a gift under their will or trust document. Such conditional gifts are formally known as “condition precedents” and essentially are a provision in a will or trust that prevents the vesting of […]