Diane Vieira

What Happens to My Air Miles When I Die?

Many Canadians collect loyalty points with hopes of redeeming the points for various rewards including free air travel, hotels, gas, groceries, and cash. This year with international travel interrupted by COVID-19, many people’s plans to redeem their travel points have been put on hold. Other Canadians have amassed large collections of points over the years […]

Estate Administration

What Happens When a Fiduciary Misappropriates Funds?

There is growing concern about the financial exploitation of the elderly by their attorneys for property. The combination of a cognitively impaired grantor (a person who appoints an attorney for property) paired with an attorney who has unfettered access to all of the grantor’s property creates the potential for financial abuse by attorneys. A power

Power of Attorney

The Risks of Being an Estate Trustee

A recent news story highlighted one estate trustee’s regretful experience administering an estate.  Due to lengthy litigation involving the validity of the Will and an unsuccessful result for the estate trustees, the estate trustee was ordered to personally pay over $100,000.00 in legal fees.  While the personal cost order was a result of a unique

Estate Administration

Who makes decisions for me if I become incapable and have not made plans?

Before COVID-19, many of us had earmarked 2020 as the year we would get our affairs in order, including preparing powers of attorney for personal care and property. Unfortunately we may have not gotten around to it.  The pandemic has accelerated discussions about intubation, CPR and end of life care.  Additionally, many people, especially those

Capacity, Guardianship Applications, Power of Attorney

Warring Trustees: More Isn’t Always Better

Two recent court cases look at the perils of choosing multiple estate trustees and attorneys for property.  Often a testator will choose two or more of their children to act as co-estate trustees.   They may feel that it would offend one of their children to not appoint them as an estate trustee or that

Estate Litigation
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