April 2018

Ontario Donation Tax Credits – Proposed Rationalization

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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 weeks. Ontario’s current system of donation tax credits is the most byzantine in the country due to a combination of….

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Uncategorized

More than a Suspicion: The Minimal Evidentiary Threshold

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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 Trustee) sought an order removing the Notice of Objection of the Respondent, his sister, to his appointment as Estate Trustee….

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Estate Litigation, Testamentary Capacity, Wills

Executors Remuneration

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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 how much is enough? A recent court case in the Supreme Court of British Columbia Le Gallais Estate (re) 2108….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee Compensation, Uncategorized, Wills

Could There Have Been A Different Outcome?

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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 his walkway and offering to get groceries for him on an occasional basis.  John had a ‘Friend’ who he met….

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Elder Care, Elder Law, Power of Attorney, Undue influence

Creating a “Cottage Family”

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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 a value perspective, the cottage makes up for its relative value by having the dubious honour of being the asset….

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Cottage

The Show Must Go On?

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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 as a matter of public interest. Harper Lee’s estate has made the news again. A Broadway play based on her….

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Estate Administration, In the News, Uncategorized
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