All About Estates

Month: November 2020

Total 19 Posts

Goodbye November

This past weekend was the American Thanksgiving.  In Canada we knew it was their Thanksgiving because advertising for  Black Friday sales was everywhere.   First it was on Friday, then it included Saturday and Sunday and now we have Cyber Monday.   Enough shopping!- especially as most of it is on line…

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Do Personalty Clauses Cover All Personalty?

Today’s blog was written by guest blogger, Yvonne Mazurak, Articling Student at  Fasken LLP. With today being Black Friday, it seemed appropriate to write a post about things. Afterall, many of us will likely spend some time this weekend taking advantage of Black Friday deals and buying things for our…

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Charitable, but not that charitable

This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management No one can question that Eleena Murray, who passed away in May 2017 at the age of 99, had charitable intentions. On the other hand, exactly how charitable her intentions were is at the…

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Can Section 3 Counsel be Summoned for Examination?

Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should…

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POST MORTEM PLANNING: AGAIN MORE GOOD NEWS

CRA will allow post-mortem pipeline transactions to continue, which will allow individuals to avoid double tax on disposition of certain assets.

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Here we go again- round 2

As I write this blog, it’s grey, cold, there is snow on the ground and many of us have just started our second round of Covid lockdown. Not much to be excited about, yet as we put one foot in front of the other, we need to appreciate how much…

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You’ve Got Mail – Part Two

In a follow up to my blog post of September 18, 2020 (“Part One”), this blog will consider what it means if you have received notice that you are a residuary beneficiary of an estate. You are probably wondering what a residuary beneficiary is.  To understand this, you must understand…

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Valuing In-kind Donations

There is a saying among charitable gift planners: “beware of in-kind property donors who show up with valuations in hand.”  In other words, eager donors and their gifts may be too good to be true.  This is folk wisdom that points to a serious issue.  Donors, executors and charities often…

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Who Gets Served?

Do you have to serve all respondents with all materials filed in an application? Only if the person has filed a notice of appearance or the court orders otherwise.

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Attitude of Gratitude

An ‘attitude of gratitude’  seems to be the mantra of the 2020 Masters Tournament commentators. Fans  are so happy to have the Masters on this year- albeit in November rather than April. It is a motto that more of us need. I would like to apply this positive attitude and…

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