witnesses, concerns re mis use; direction to hold; secondary P of A,compensation, attorney cannot make will
subrogation, liquor liability for sewing "dramshop role", social host liability, landlord liability for attack cases, liability of parents for acts of children
Power of Attorney, committees, Public Trustee p5, joint bank acct., remove funds from improvident incompetent p8, bank p/a vs general form p9, common-law p/a not survive incompetency, therefore do not vary statutory form p13 ctd. 1045
conveyancing under power of attorney (form of transfer), FLA, sale by public trustee, FLA, sale by committee, FLA
conveyancing under power of attorney, form of transfer, FLA, sale by public trustee, FLA, sale by committee, FLA
Testamentary capacity undue influence, independant legal advice, tests & requirements
domestic agreement accepting will interest deductability, Bronfman, rollover to wife for equalization, tax consequences
Separate wills for foreign assets C26, Living willls vs durable powers of attorney vs medical directives C30
wills, spousal trusts C4, RRSP rollover to dependent children and elections, C15, designation in will not recomended,C17, US real property and estate duty, C20, non recourse mortgage, C21, International wills not workable C26
Family Law Act election, widow deemed to predecease, remainder interests accelerated, use in family planning D14 constructive trust re wife's contribution to family business D15
competency, to hire lawyer, A31, to contract A32, to make gift A34, to give or refuse medical consent, A35, testamentary, A36, test A40
Public Trustee as committee, power to demand will, A25, cannot consent to tubal ligation, A26,; Wills, duty of lawyer to beneficiaries, A30
Public Trustee as committee A12, appointment of committee, A17, material required to be filed, A19, replacement of Public Trustee ascommittee, A24 additional powers of Public Trustee, A25, power to enter into separation agreement A25
Old Age Pension, eligibility, 40 year rule, F3, residency, F4, residency in qualifying countries, F5, Supplement, F7, Spouses Allowance, F10, Widows Allowance, F12, GAINS F15, Canada Pension Plan, F18, division of credits F24
Powers of attorney, attorney may make s5 FLA election A3 but not executor, A2, seal not required, A6, fiduciary duty of attorney, A6 revocation, form of, and by death, A7, order to pass accounts and replace attorney A8
Saunders v. Vautier rule p.3, requirements to avoid trust p.4, 6 situations p.7, age in excess of majority, specified date, payable in instalments p.8, Campeau case p.9, N/A in Alta & Man p.14, Accumulations Act p.18, surplus income to residuary estate on intestacy .24 & p.26, repeated in Man, Alta & BC, Variation of Trustee Act, article following above.
pensions, 10 & 45 year vesting rule, E2, pensions benefits included in FLA asset division, E10, RRSP's E11, Annuity, E14, RRIFs E15, Deferred Profit sharing plans, E18
Pensions, Veteran's benefits, burial, F35, Health benefits, drugs, F39, home care, F41, chronic care, F43, Nursing homes, F45, sales tax and property tax credits, F47, eligibility on death, F49,pens- ioner and municipal tax help F50&52
Wills, lapse & anti-lapse, s.31, S.L.R.A. re: child, grandchild or sibling predeceasing leaving spouse or issue, p.2, N/A to class gift "to all my children"; only applies to absolute gift, not life interest p.3, Ademption, C/L Rule p.5, s.20(2) S.L.R.A. overrides subject to all, destroyed or insurances expropriation, mortgage back.
Ademption & Substitue Decisions Act p.6, of guardian disposes of, beneficiary entitled to proceed p.5, S.36 S.D.A. also applies to attorney s.38, ademption by advancement of subject matter p.9, "spouse" meaning of p.11, for S.L.R.A. p.12: Common Law spouse has no right in property but does as dependant p.15.
Wills, income tax, where will liability fall in estate, p.24, RRSP's etc. no withholding required on RRSP paid to designated beneficiary p.25, executroship p.26, re more tax p.27, matrimonial home and Joint tenancy p.27, bequest to be contingent or mariage contract p.29.
Wills, use of phrase "distribution date" p.8, double legacies in mirror wills p.10, 30 day clauses p.17, issue p.18, shall vs may, p.21, in discretionery trust p.21, memoranda vs list of unenforceable wills p.23, leaving articles to relative to distribute p.24, RRSP/RRIF designation in will N/A to after acquired plans
Wills, undue influence more than mere persuasion p.16, element of coersion p.17, suspicion circumstances p.23.
Mental competency for contracts: understand nature of contract & effect on party's interest p.5, for gifts: understand nature & effect of transaction p.7, to transfer land : of contract p.6, medical treatment: understand procedure aware of consequences. Testamentary; understand nature & effect , extent of assets clause of persons entitled p.9, on execution only that understand in accordance with prior instruction p.9
Draft professional standards wills & checklist- LSUC multiple wills p. 20 2.7
Lawyer's liability, improper execution or initiating p.2, failure to include residuary clause p.4, tainting of spousal trust p.8, White v. Jones, delay in preparation.
wills, U.S. testator, land in Ontario, subsequent divorce, law of Ontario that divorce revokes gift applies re land Note: case under appeal
Wills, charity not correctly described, cy-pres doctrine applied
beneficiary designations, Ashton case suggests are revoked by clause in will "revoking prior wills and testamentary designations" recoommend deleting revocation of testamentary designations part