Use, Misuse and Disputes of a Power of Attorney during a pandemic
The exceptional circumstances of COVID-19 have raised numerous questions about the care and best interests of loved ones. In particular, the adherence to social distancing guidelines and issues related to COVID-19 outbreaks in long term care facilities have sparked disputes between family members who have differing points of view on the best care for elders… Read more »
Elder Abuse – What Should I Be Looking Out For?
A growing senior population also means a growing number of vulnerable people. It’s an unfortunate reality that the elderly are often the victims of abuse. This can range from emotional abuse and manipulation, to financial abuse and sometimes even physical abuse. It is up to family members and friends to be on the lookout for any kind of elder abuse. Here are some red flags you should be aware of.
World Elder Abuse Awareness Day
Today is World Elder Abuse Awareness Day (WEAAD), a time to recognize a global social issue that affects the health and human rights of millions of older persons around the world. Communities around the world use this day to raise the visibility of elder abuse, by sharing information about abuse and neglect and promoting the resources and services that increase seniors’ safety and well-being. Lawyers and staff at Nelligan O’Brien Payne wore purple today in recognition of World Elder Abuse Awareness Day.
I’m An Estate Trustee – Do I Get Paid?
Anyone who has acted as an estate trustee will testify that it is quite an involved process, and can take a great deal of time. Fortunately, estate trustees are entitled to compensation for administering an estate. But how much can you be paid? In our latest Wills and Estates blog post, Marcia Green looks at whether you are entitled to be paid, and how this pay is calculated.
What are the Duties of an Estate Trustee?
Most people are happy to agree to be an estate trustee at some future date, but they may not have a true understanding of what it entails. And when someone dies and you are thrust into that role, it can be very overwhelming. You may be thinking: where do I even begin? Below is an outline of the basic duties of an estate trustee.
Dependant Relief and Defining Relationships
A recent Ontario Superior Court of Justice decision, Stajduhar v. Wolfe, hinged on the relationship between the deceased and the claimant: specifically, how long they had lived together, if at all.
Defining (and Redefining) the Meaning of “Spouse”
The definition of “spouse” is constantly being honed and refined. Over the last twelve months, the Ontario legislature has been attempting to update the definition of “spouse”, in order to make it as inclusive as possible.
Happy Holidays from the Family Law and Wills & Estates Groups!
The Family Law and Wills and Estates groups at Nelligan O’Brien Payne LLP wish you and your family a Happy Holidays and all the best in 2018!
Can I Make Handwritten Changes To My Will?
It makes sense that a Will you executed many years ago will need to be updated at some point. Maybe you will want to add a beneficiary, or choose a different estate trustee. Can you just strike out one name and write another one? Is handwriting in a Will even considered valid? A recent British Columbia decision is a reminder that Wills are complex and often contentious documents, and any changes need to be made very carefully.
Hickory Dickory Debt: The Importance of Proper Estate Planning
Retirement: the stage of life we all work towards, so we can fully embrace and enjoy the fruits of our labour. It is naturally borne in mind that life after work is a rather pleasant and enviable position. However, it is also a time when you should reassess your Estate Plan.