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Your Estate Matters Newsletter

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Your Estate Matters Podcast

Episode 22: Exploing Elder Care Solutions

In this week's episode, we are joined by Stephanie Chan, Founder and CEO of myCareBase Solutions and Home to Home. Our discussion centers on elder care solutions for seniors, emphasizing the importance of proactive planning. Stephanie shares insights into the aging population in Canada, the current healthcare and housing options, and the challenges families face finding an appropriate living arrangement for their loved one. She offers practical advice on making informed decisions, including early conversations about care needs, financial planning, and understanding available resources. The episode underscores the necessity of early planning to enhance seniors' quality of life.
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Your Estate Tip

Financial Abuse of Seniors in Canada: Understanding the Issue and Best Practices for Prevention

As Canada’s population continues to age, the financial well-being of seniors has become a growing concern. Financial abuse is the most common form of elder abuse, affecting thousands of older adults each year. It involves the unauthorized or improper use of an older adult’s funds, assets, or property, often by someone they trust.

Recognizing the warning signs and implementing best practices for prevention are essential steps in protecting Canada’s seniors from exploitation.

Your Estate Case

IPad Will Found to be a Valid Will

In May 2023, Saskatchewan resident Kim Kuffner found herself hospitalized following a fall in her home. As her condition deteriorated, she experienced severe breathing difficulties that left her unable to speak or write with a pen due to weakness. Her only means of communication became an iPad with a stylus pen, which she used to tap out messages to her family members.

As Kim’s health rapidly declined and she was transferred to the Intensive Care Unit with failing kidneys, she sent a poignant message to her siblings: “Not feeling it today. It’s been rough getting affairs in order. Lots of tears and thoughts of dad. I miss him so much today.”

The next day, sensing the gravity of her situation, Kim messaged her siblings again: “Steroids quit working and I crashed. They are taking me to ICU to go on a vent. This could be goodbye. I love you. So scared to be alone.”

Shortly after, Kim composed what she specifically called “My holographic will” via iPad message:

By the time her siblings arrived at the hospital, Kim had been intubated and was unconscious. She passed away two days later.

Rheanne, Kim’s niece and named executrix, applied for an order under section 37 of The Wills Act, seeking to have Kim’s electronic message declared as her Last Will and Testament.

Despite the will not meeting the traditional requirements for a holographic will (which must be handwritten by the testator), the Saskatchewan King’s Bench in Haines v. Kuffner Estate, 2024 SKKB 5 ultimately ruled in favor of validating the electronic document based on several important factors:

1. The message clearly expressed Kim’s testamentary intentions.
2. The document was created when Kim knew she was dying and running out of time.
3. Electronic communication was Kim’s only available means of expression.
4. Kim had typed the date and her name at the end of the message.
5. There was no evidence of any other testamentary documents.
6. Kim’s surviving family members supported the application.

This case highlights several important lessons:

1. The courts are increasingly recognizing electronic expressions of intent. While formal requirements for wills remain important, courts may apply flexibility when circumstances warrant.

2. Clear expression of intent matters. Kim explicitly labeled her message as “My holographic will” and clearly outlined her wishes.

3. Family harmony can simplify legal processes. The absence of contesting parties likely contributed to the court’s willingness to validate the unconventional will.

4. Modern realities demand modern solutions. The court acknowledged that “for some people their only means of communication is through electronic devices.”

5. Don’t wait until it’s too late. While Kim’s last wishes were ultimately honoured, creating a formal will in advance would have saved time and money for the estate.

This case serves as a reminder of the importance of having proper estate planning documents in place before emergency situations arise. While electronic wills may be recognized in extraordinary circumstances,properly executed wills remain best practice for ensuring your wishes will be honoured and your family will not be left with uncertainty, delay, expense and potential conflict after your death.

Your Estate Read

Ten Conversations You Need to Have With Your Children, by Rabbi Shmuley Boteach

Rabbi Shmuley Boteach's book offers valuable insights in terms of leaving a legacy. While traditional estate planning focuses on financial assets, Boteach reminds us that our most valuable inheritance to our children is wisdom, values, and purpose:

1. Establishing Personal Value Beyond Assets: The first conversation teaches children that their worth transcends material possessions or achievements. This perspective helps children view wealth as a tool rather than a source of identity.
2. Spiritual Legacy: Boteach emphasizes transferring spiritual values and meaning. This conversation helps children understand the deeper purpose behind family wealth and traditions that should continue for generations.
3. Building a Legacy of Work Ethic: Just as we build financial capital, this conversation focuses on developing "character capital" - teaching children that true wealth comes from discipline and perseverance, ensuring they become good stewards of any inheritance.
4. Intellectual Estate Planning: Boteach encourages transferring critical thinking skills and intellectual curiosity - ensuring children don't just inherit assets but the wisdom to manage and grow them thoughtfully.
5. Preserving Family Identity: This conversation emphasizes maintaining family values and identity even amidst societal pressure - essential for preserving family legacy across generations.
6. Building Courage: Teaching children to face fears with courage prepares them to handle future responsibilities, including complex estate matters and family business challenges.
7. Balanced Wealth Management: Just as financial portfolios need balance, this conversation teaches children to balance all aspects of wealth: financial, emotional, relational, and spiritual.
8. Cultivating Gratitude: Boteach emphasizes teaching gratitude for all blessings which is critical for children who may inherit significant assets to avoid entitlement and appreciate their legacy.
9. Healing Wounds: Learning forgiveness helps families navigate conflicts that often arise during estate transitions and prevents inheritance disputes that can fracture families.
10. Relationship Capital: The final conversation focuses on building meaningful connections - the ultimate legacy that survives beyond financial assets and creates lasting family cohesion.

Throughout the book, Rabbi Boteach provides a framework for creating a comprehensive legacy plan that transfers not just financial wealth but also values, wisdom, and purpose, ensuring that what you leave behind is meaningful and lasting beyond merely transferring financial assets.

Here are some ways you can work with us: ​Book a free consultation with Heritage Trust. Download our free checklist “Essential Steps for Estate Planning.” Purchase our course "The Estate Organizer for Canadians." ​ Follow us on social: ​​​​

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