All About Estates

Month: April 2018

Total 20 Posts

Helping Caregivers Get Ready for Tax Time

While we are almost down to the wire and for those who have yet to file their taxes, this blog will highlight the new Canada Caregiver tax credit.  This credit replaces the Infirm Dependent, Caregiver and Family Tax credits.  It was designed to assist families with caregiving responsibilities to  provide…

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Resilience in the Face of Adversity

I sat down to write this blog thinking I would write about a pithy planning idea that all readers would find fascinating.  Instead, the events of the past few days have compelled me to write about something quite different.  That is, the resilience of humans in the face of tragedy. …

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Ontario Donation Tax Credits – Proposed Rationalization

Proposed Change The Canadian donation tax credit regime is generous, but opaque and needlessly complex. The March 28, 2018 Ontario Budget proposed a welcome reform for an intricate system. Too bad the idea is from a government that polls predict will likely to be voted out of office in eight…

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More than a Suspicion: The Minimal Evidentiary Threshold

A recent Ontario decision, Martin v. Martin [1], considered the minimal evidentiary threshold required to obtain documentary discovery in a will challenge as set out in Seepa v. Seepa.  For further background on Seepa, read Rebecca Studin’s previous blog post on that decision. In Martin, the Applicant (the named Estate…

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Executors Remuneration

Occasionally, I (like many of fellow bloggers for sure) get asked – what is appropriate remuneration for an executor or executrix to administer an estate – often in circumstances where remuneration is not specified or even referred in the deceased’s will or otherwise. Bottom line, what are the guidelines and…

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Could There Have Been A Different Outcome?

Case Example 1:   John,  was a 93 year old, well -to -do gentleman, never married  and had no known family.   He lived in his own home in a nice part of the city.  His next door neighbor had kept an eye out and assisted him over the years by shoveling…

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Creating a “Cottage Family”

The longer days and (occasionally) sunny skies remind us that cottage season is once again almost upon us.  A source of great pleasure, the family cottage can also be a source of great angst in the context of estate planning.  While often not the largest asset in an estate from…

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The Show Must Go On?

Written by: Natalie Bender   A couple of weeks ago, I posted a blog about Harper Lee’s estate. You may recall that the author of ‘To Kill a Mockingbird’ passed away in 2016, and that the New York Times recently filed a motion to remove the Sealing Order on Probate…

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Gift of securities by executors of a will

The Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual. The taxpayer died in 2016.  His Will named his three sons as equal beneficiaries and co-executors, with no designation of amounts to be given to…

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Spring Holidays and Family Get Togethers

This weekend we celebrated  the first nights of Passover and Good Friday and Easter Sunday. Two major holidays that coincided, along with a statutory holiday enjoyed. For me and perhaps for many of you, these holy days have a traditional familial connection rather than a religious one. The foods eaten,…

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