Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto This is a short blog post written on a cold morning in Toronto. It is currently -12 degrees in Toronto (with a windchill factor of -21 degrees). It is presently sunny and 26 degrees in the Cayman Islands. On…
In Ontario, a person who seeks to challenge the validity of a will is required to meet a “minimum evidentiary threshold.” This threshold exists to prevent estates from becoming embroiled in years of expensive litigation over the thinnest of allegations. The minimum evidentiary threshold was recently addressed in Cissek v…
Gwenyth Stadig, Partner, Amber LeBlanc, Articling Student, Upama Poudyal, Associate, Gowling WLG (Canada) LLP When a testator located in Ontario intends to create a charity through their will and fund it with estate assets, it is essential to understand Ontario’s rules regarding compensation of charity directors. Generally, directors of charities…
This blog has been written by Pritika Deepak, Associate at Fasken LLP. As we leave another year behind, it’s a fitting time to reflect on what tax and trust practitioners may often perceive as a period that often raises questions about the distribution of income from trusts to beneficiaries. To…
We are living in an age of personal philanthropy defined by larger donations and more donor choice. Increased flexibility is the key feature of this age – especially through charitable structures like private foundations and donor advised funds. Historically, charitable donations and structures been defined by restrictions and controls. Here…
A notice of application marks the beginning of estate litigation proceedings. The notice of application provides an overview and outlines the precise relief sought, the grounds to be argued (including any statutory provisions or rules to be relied on) and the evidence to be relied on at the hearing of…
Love knows no boundaries and neither do the U.S. tax rules. Marrying a U.S. citizen will result in U.S. tax implications for the couple that should not be ignored. This article will review a few U.S. tax considerations for married couples (that include a U.S. citizen). Proper Tax Filing Contrary…
Lately, I’ve found myself having in-depth conversations with some of my older clients about what will happen to their personal effects after they pass away. Many of these clients express the same concerns: they don’t want their beneficiaries to fight over their belongings after their death, they don’t want to…
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust If you have ever watched a true crime documentary or investigative series, you know the familiar structure. A death sets the story in motion. A Will appears. Family members gather, each with their own questions, assumptions, and expectations. By…
It is not uncommon for a person to execute their last will and testament many years, even decades, before they eventually pass away. It is also not uncommon for a person to move provinces, states, countries, etc. throughout their adult lifetime. In the estates context, that may result in various…