September 2021

Joint Accounts Held as Tenants in Common: A Tool to Avoid Litigation

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This blog was written by Holly LeValliant Perhaps one of the most litigious issues in the area of estate law is the question of whether a joint account passes on survivorship when one of the owners dies, or whether the survivor holds the balance of the account in trust for the deceased’s estate. Joint ownership of bank accounts between parents and children is common and can be a convenient tool….

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Uncategorized

To Fight at Any Cost

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Lawsuits often put litigants on an emotional rollercoaster. As the lawsuit progresses and legal bills pile up, some clients start caring less about strategy and more about causing maximum pain to the other side. However, abandoning reason and moderation has a cost – usually in the form of a cost award. Such was the result in Del Giudice v Thompson, 2021 ONSC 5187. While the underlying action in Del Giudice….

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Costs, Estate Litigation

Pipeline planning and the dangers of subsection 84(2)

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In 1789, Benjamin Franklin, one of the founding fathers of the United States Constitution, provided the world with this great quote, “nothing is certain except death and taxes”. In 2021, John Oakey, the founding father of three Oakey children, is providing the world (or at least anyone reading this blog) with this great quote “nothing is certain with death and taxes”. Minimizing tax exposure The certainty of taxes upon death….

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Business Succession Planning, Estate Planning, Succession Planning, Tax Issues

Tips on Bringing a Passing of Accounts Application – Part 4

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Today’s blog will provide some points to consider when preparing or responding to a notice of objection to accounts (the “Notice of Objection”).  This is a continuation of my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1] How Does a Beneficiary Object? If a beneficiary wishes to object on a Passing Application, they need to prepare the prescribed Notice of Objection (Form 74.45).  It….

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Passing Of Trustees’ and Executors’ Accounts

YODO! – You Only Die Once

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This blog was written by Sierra Nunno While many young people cling to the acronym YOLO, which stands for ‘you only live once,’ the truth is YODO… you only die once. Ideally, upon death, our wishes are carried out according to plan and we rest peacefully. But what if there was no plan in the first place? The Covid-19 pandemic has forced young Canadians to confront an uncomfortable reality –….

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Estate Planning, Wills

300 Objections. 3 Week Hearing. $325,000 Costs Award.

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Those who practice in the world of estates know that emotions can run high. Estate planning and estate litigation involve relationships and, often, family. And relationships and family are complicated. It can sometimes be hard to be reasonable in the face of difficult emotions. But reasonableness should be a guiding principle for estate trustees and beneficiaries alike. If that warning is not heeded then parties to estate litigation must know….

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Costs, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts
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