October 2020

COVID-19 update: Government Works to Fix Potential Limitation Period Problem

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In order to respond to the COVID-19 pandemic, the government suspended limitation periods and other statutory deadlines between March and September. However, due to concerns about the manner in which the suspension was lifted, the government is currently seeking a declaration that the limitation period was, in fact, validly suspended during this time (as a contrary holding would invite chaos). As I previously blogged, in order to respond to the….

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Courts, Limitation periods

The First of the Firsts

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Everything is different since Covid began and the activities we used to take for granted are now being sorely missed. Family celebrations are so important and there were many that could not be celebrated together. This past Thanksgiving’s meal, for example, was enjoyed as a take out dinner instead of making a turkey for 4 when it is usually at least 14 of us around the dining room table. Covid….

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Elder Care, Uncategorized

Probate Points to Remember – A.K.A. Names and More

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As I have prepared applications for certificates of appointment of estate trustee (“Probate Applications”) over the years, I have kept a list that I call “Probate Points to Remember”.  The purpose of this list is to remind me of how I have handled certain practical matters on Probate Applications.  In today’s blog, I will share some of these tips regarding names, including “also known as” or AKA names. It is….

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Estate Administration and Probate Applications, Wills

Estate planning and TOSI – Part II

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In my previous blog, Estate planning and TOSI Part I, I introduced the concept of the tax on split income (TOSI) continuity rules which are extremely important when estate planning.  The objective of the continuity rules is to afford the beneficiary, who would not have an excluded amount of their own, with an excluded amount exception TOSI. The continuity rules accommodate many estate situations, but the rules do not accommodate….

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Business Succession Planning, Estate Planning, Tax Issues

Welcome Changes in the Filing of Probate Applications

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I would like to thank the estates law clerks in the Private Client Services group of Fasken for their contributions to this blog. This week, Attorney General Doug Downey (perhaps in the spirit of Thanksgiving) hinted at upcoming changes in the area of estates that would “manage the estate process with less hassle and address the probate application backlog”. Currently, many jurisdictions are facing lengthy backlogs in processing applications for….

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Estate Administration and Probate Applications, Uncategorized
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