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Index
Title Page
Copyright Page
Dedication
PREFACE
major themes
a note about quebec
Acknowledgements
personal thanks
PART 1 - incompetency issues
WANTED: DEAD OR ALIVE!
basic principles to know and keep in mind
points to take away
OKAY, SO LET’S SAY I’M ALIVE
financial matters
personal care and medical decisions
points to take away
JUST GIVE ME CHERRY GARCIA ICE CREAM
choosing a substitute decision maker for personal care and health decisions
communication is essential
points to take away
AFTER THE ICE CREAM, I WANT EVERY HEROIC MEASURE KNOWN TO SCIENCE!
points to take away
HEY, HEY, HEY, HAVE I GOT A JOB FOR YOU!
points to take away
GOOD HELP AIN’T CHEAP
points to take away
THERE GO THE DANCING DOGS!
safeguards to consider . . .
points to take away
PART 2 - intestacy issues
GIVING AWAY YOUR STUFF 101
points to take away
THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS
insurance designations for minor children
joint assets with your child or children
points to take away
LET’S CHECK THE CHICKEN COOP!
the immediate blow
medium-term impact
long-term effect
points to take away
. . . AND THEN THE REST GOES TO SECOND COUSIN LUCY IN BARCELONA
points to take away
MY DIAMOND RING IS GOING WHERE?!
funeral and burial wishes
minors’ guardian
personal effects
gifts to charities, friends and relatives
points to take away
SHARE, SHARE AND SHARE ALIKE . . . SHARING YOUR ESTATE FAR AND WIDE . . .
bonding
taxes
professional fees
points to take away
PART 3 - will-planning errors
IS THAT SNORING WE HEAR?
points to take away
AND FOR MAKING THOSE DELICIOUS MUFFINS, I LEAVE MY HOUSEKEEPER ONE MILLION ...
how it all works
the tests for capacity
how does this affect me?
points to take away
INSERT SECTION A INTO WIDGET B AND POUR IN RUBBER CEMENT
the formalities of the document
the contents of the document
points to take away
I’LL NEVER LOSE IT UNDER THE SILVERWARE!
the original will
copies
points to take away
PENNY-WISE AND POUND FOOLISH
points to take away
FIRST COMES LOVE, THEN COMES MARRIAGE . . .
points to take away
THEN COMES BABY IN THE BABY CARRIAGE!
points to take away
IT WAS FUN WHILE IT LASTED!
points to take away
YOU NEED A PLAN, STAN
communication
documentation
funding
updating
points to take away
WELL, HE SURE CAN MIX A MEAN MARTINI!
points to take away
I DON’T CARE IF JOHNNY IS IN JAIL, HE’S MY LITTLE BOY!
just too many . . .
renunciation
unanimity
points to take away
MOMMA ALWAYS SAID, “LIFE IS LIKE A BOX OF CHOCOLATES, YOU NEVER KNOW WHAT ...
points to take away
“. . . BOND. JAMES BOND.”
bronze medal disclosure
silver medal disclosure
gold medal disclosure
points to take away
KUM BAY YA, MY LORD, KUM BAY YA
appointing a sole executor
appointing two or more executors
points to take away
AND NO RED BULL AFTER 6 P.M.!
failing to mention some of their minor children
stalling on the will because of indecisiveness about a guardian
choosing an inappropriate guardian or trustee
not providing direction on the guardianship period
points to take away
HE LOOKS SO CUTE IN HIS SUIT AND TIE!
points to take away
I LOVE YOU ALL THE WAY TO THE MOON AND BACK
communicating before your death
communicating after your death
points to take away
THAT’S NOT A MOSQUITO, THAT’S YOUR SISTER- IN-LAW!
the “parents’ presence” issue
ownership traps
disagreements over use and maintenance
taxes
ideas to consider
points to take away
“. . . AND THOSE OF MY OFFICE PLANTS ALIVE AT MY DEATH TO MY PARTNER, HUGH, FOR ...
1. a general transfer
2. a general transfer with the possibilty of a memorandum made later
3. specific gifts
points to take away
THE SOCIETY OF WAYWARD PETS AND OTHER CAUSES CLOSE TO YOUR HEART
points to take away
THE STONY PASTURE AND OTHER PLACES NOT ON THE MAP
those confusing legal descriptions
giving away items you don’t own
points to take away
YOU CAN’T GIVE WHAT YOU AIN’T GOT!
giving away more than 100 percent of the estate’s value
ending up with an unintended result
points to take away
CANADA REVENUE WHO?
not contemplating the significant tax burden that may accrue on an asset over ...
giving assets to specific beneficiaries and being unclear about who pays the ...
missing the available planning techniques that defer taxation until the last ...
not addressing foreign ownership or foreign citizenship of the person preparing ...
points to take away
CAN I HAVE A SILVER SPOON WITH THAT?
mistakes in the selection of the trustee
conflict of interest in acting as both trustee and guardian
conflict of interest between trustee and beneficiary
points to take away
CAN I HAVE A SILVER SPOON WITH THAT? THE SEQUEL
trusts for minor children
spousal trusts
points to take away
MINIMUM WAGE SOUNDS ABOUT RIGHT, MARGE
1. say nothing
2. specifically exclude compensation
3. specifically provide for compensation
4. leave a gift to the executor or provide for professional fees to be billed
recourse for beneficiaries
points to take away
PART 4 - mistakes in estate administration
I CAN’T EVEN READ THIS THING!
1. renunciation
2. appoint an agent
3. carry on but hire assistance as needed
points to take away
I’VE ALWAYS BEEN A DO-IT-YOURSELF KIND OF GAL
hiring an agent
hiring other professionals
points to take away
I ALWAYS LIKED THAT SUSIE THE BEST
points to take away
DO I NEED TO MISS MY GOLF GAME?
points to take away
WHAT, YOU WANT MY PHONE NUMBER TOO?
communicating early and often with the beneficiaries
managing beneficiaries’ expectations
it’s not “us versus them”
points to take away
LET’S JUST TIDY THIS UP TODAY
1. get organized
2. consolidate
points to take away
ENOUGH ALREADY!
1. preparing the estate for distribution
2. distribute
3. wind up
summary
points to take away
I NEVER KNEW APIARIES WERE SO COMPLICATED
points to take away
OKAY EVERYBODY, TAKE WHAT YOU LIKE AND DON’T FORGET THE CAT
points to take away
I THOUGHT I KNEW HIM BETTER THAN THAT . . .
1. assets held unexpectedly in joint tenancy
2. assets with outdated titles
3. loans or guarantees made by the deceased or payments being made to others
4. unfiled tax returns in Canada or other countries, especially the United States
points to take away
BACK SEAT DRIVING IS A SNAP!
starting off on the right foot
when things go wrong . . .
points to take away
GLOSSARY
INDEX
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