March 4, 2015

CPP Survivor’s Pension

G+G CPP Survivor

ESTATE ADMINISTRATION – CPP SURVIVOR’S PENSION

If your spouse contributed to CPP, you may be eligible to receive a CPP survivor’s pension. To qualify you must be the legal or common law spouse of the deceased.

The amount of the pension can be a bit confusing to determine. The following link to the Service Canada Website will help you figure it out.

http://www.servicecanada.gc.ca/eng/isp/cpp/survivor.shtml

[Read more…]

Non-continuing Power of Attorney for Property

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NON-CONTINUING POWER OF ATTORNEY FOR PROPERTY

If your Power of Attorney does not specifically indicate that it is a Continuing Power of Attorney for Property or say that it allows the people you name to continue to act for you in the event of mental incapacity, the Power of Attorney will be valid only so long as you are mentally capable.

CONTACT US

Feel free to contact us at any point for assistance or advice with respect to Estate Law, Estate Planning, Estate Administration or Estate Litigation. We may be reached at 705.435.4339 or contact us via email.

Power of Attorney With Only One Witness

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POWER OF ATTORNEY FOR PROPERTY WITH ONLY ONE WITNESS

Prior to 1995 the law did not require 2 witnesses to a Power of Attorney for Property. The law was changed in 1995 to require 2 witnesses.

Provided a pre-1995 Power of Attorney for Property otherwise complies with the Rules which existed at the time, it is not invalid because it only has 1 witness.

CONTACT US

Feel free to contact us at any point for assistance or advice with respect to Estate Law, Estate Planning, Estate Administration or Estate Litigation. We may be reached at 705.435.4339 or contact us via email.

 

Mediation in Estate Litigation

Estate litigation is becoming increasingly popular in Ontario. Estate litigation relates to many different aspects of an estate including:

  • Whether or not the deceased had the capacity to make a Will;
  • Whether someone forced the deceased to make changes to their Will which benefited some beneficiaries and not others;
  • Whether those who acted under Power of Attorney before the deceased passed away dealt with the assets properly and had accounted for them;
  • Whether an executor is properly administering an estate;
  • Just about any other aspect of an estate that you can imagine. [Read more…]

Corporate Executor – When to Use One

When you prepare your Will you will need to select one or more executors to administer your estate . People will often select their spouse as their initial executor and their children as their alternate executors.

There may be situations where having a “corporate executor” makes sense for you. A corporate executor consists of executor services provided through a trust company. Many Canadian financial institutions offer corporate executor / estate trustee services. [Read more…]

Documents and Forms

G+G DocumentsWelcome to the Gilmore and Gilmore Documents and Forms page. Visitors to the Gilmore and Gilmore website are invited to access the following documents and forms free of charge.

Please be advised that the Documents and Forms provided are in the DEVELOPMENT and TESTING PHASE (Beta Test) therefore we do not provide any warranties, guarantees or technical support regarding the access, completion or use of these documents and forms. [Read more…]

Mortgage Prepayment Penalty

If you have a closed mortgage and you sell your property (or refinance it) you will be charged a prepayment penalty. The amount of the penalty will be determined by the terms of your mortgage. In Ontario it is common for the prepayment penalty to be the greater of the interest rate differential and three months’ interest. [Read more…]

Using a Power of Attorney to Close a Real Estate Transaction

IT IS BECOMING MORE DIFFICULT TO USE A POA TO CLOSE A REAL ESTATE DEAL

People who are buying or selling a house may consider having a Power of Attorney so someone else can sign for them if they are not going to be around to sign the closing documents. The use of Powers of Attorney to close purchase, sale or mortgage transactions is becoming increasingly difficult. [Read more…]

Lawyers and their support team working remotely

LogMeIn is a computer application that allows you to remotely control a computer. If you have LogMeIn installed on your office computer, you can remotely access and control that computer from any other computer that also has LogMeIn installed on it. LogMeIn can also be installed on portable devices like an IPad or IPhone (the IPhone screen is a little small however). [Read more…]

Misuse of Powers of Attorney

THE MISUSE OF POWERS OF ATTORNEY

A Power of Attorney for Property gives one or more individuals the authority to deal with your assets and liabilities. If there are no limitations in the Power of Attorney (and usually there are not) the Power of Attorney will allow the people you name to do anything you can do except make a Will. [Read more…]