our 10th year
blog anniversary
This is a loaded question. The short answer is: it depends. If you’re interested in the long answer, keep reading. Why is this question so complicated? We have the Supreme Court of Canada decision in Pecore v Pecore (2007 SCC 17 (CanLII)) and the caselaw that follows it to thank. In
What is a Power of Appointment? A power of appointment is a valuable estate planning tool, which, broadly speaking, is a power that is frequently conferred on a person, including an executor, and the trustee and/or beneficiary of a testamentary or inter vivos trust (the “donee”), in relation to the
A continuing power of attorney for property is an estate planning tool that enables a person (i.e., the attorney) to step into the shoes of the grantor when the grantor becomes mentally incapable and to do everything the grantor could lawfully do, except make a will. An attorney for property
In Ontario, as in other jurisdictions, powers of attorney for property are crucial tools for individuals who may become incapable of managing their property and financial affairs. A power of attorney for property grants the power for one or more people (the “attorney(s)”) to act on behalf of the person
When updating your estate plan, it’s important to consider who will be the key decision-makers on death and on incapacity. Understanding these roles can help you prepare better for your future and make informed decisions about your property and personal care. This blog highlights the responsibilities of fiduciaries in the
“When Should You Have a Local or Separate Situs Will or Power of Attorney?” Many of our readers, especially business owners, may be familiar with the concept of having multiple wills in the same jurisdiction, where each will governs different classes of assets—usually used to avoid paying estate administration tax
What is the duty to account? This refers to the obligation of persons acting in a fiduciary capacity, such as a trustee, executor or attorney or guardian for property, to keep records of the assets and liabilities they are managing on behalf of others and be able to accurately report
In past blogs, we’ve discussed the importance of having a Power of Attorney for Property and a Power of Attorney for Personal Care. Without these documents in place, your loved ones will be faced with the long process of applying to court to become a guardian in the event you
The ability of a person to appoint a substitute decision-maker, known as an attorney, is a longstanding right of those in Ontario with the requisite capacity and is governed by various provincial legislation and case law. This right is much the same in many other common law jurisdictions, but terminology
A Continuing Power of Attorney for Property and a Power of Attorney for Personal Care are simple but powerful documents. In short, a Power of Attorney is a document in which the grantor appoints another person – the attorney – the power to act on the grantor’s behalf including in