October 2021

The Court of Appeal Considers if an Application for Retroactive Support can be brought against an Estate

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In Blacklock v. Tkacz, the Ontario Court of Appeal confirmed that pursuant to section 17 of the Divorce Act, an application cannot be brought to claim or vary a child support order against a deceased’s payor’s estate if the original support order does not explicitly bind the payor’s estate. The Appellant was the ex-wife of the deceased. The parties had divorced in the late 1970s and a divorce order granted in 1978…..

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Estate Litigation

The Chronicles of an Estate Plan: The Settlor, the Kids and the Cottage

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Alter-ego and joint-spousal[1] trusts are inter-vivos trusts commonly used in estate plans to hold legal title of assets for the benefit of the individual and/or their spouse, prior to death, accomplishing some of the following benefits: avoiding probate, providing privacy, expediency of inheritance distribution, and minimization of legal challenge on estate assets. Tax deferred transfer The transfer of assets to these trusts are accomplished on a tax-deferred basis by relying….

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Canada Revenue Agency, Cottage, Estate Planning, Tax Issues, Trusts

Does This Sound Familiar?

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Son:     Mom, turn a light on, it’s getting dark outside. Mom:   It’s ok, I’ll just sit here in the dark.   Son:     Mom, it’s cold and raining outside.  I will call a taxi for you. Mom:   It’s senior’s day at Shoppers, I will take the bus.   Son:     Now that dad has passed away, this big old house must be getting a lot to handle. Do you think we could….

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Caregiving

Charitable Gifts on Death: Who can Claim the Donation Tax Credit?

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Today’s blog is being written by Jonathan M. Charron, senior associate at Fasken’s Montréal office.   The tax rules applicable to charitable gifts on death have changed considerably since 2016. These new rules aim inter alia at providing more certainty as to the tax treatment of such gifts and more flexibility in terms of who, between a deceased and his or her estate, can actually claim a donation tax credit….

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Uncategorized

No Signature, No Problem

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In Bishop Estate v. Sheardown, 2021 BCSC 1571, the Supreme Court of British Columbia gave effect to a Will the testator had failed to execute before her death. Facts: Marilyn Bishop died in British Columbia in the summer of 2020 at the age of 76. She had a prior Will signed in 2014, which named her husband as her executor and primary beneficiary, and in the event he predeceased her,….

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Contested wills

“I’ve signed my Will…now what?”

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You’ve met with your client for a final signing meeting. They can breathe a sigh of relief – their Will (or Wills) and Powers of Attorney are done! I have bad news – the process isn’t quite done yet. Of course, you will prepare a reporting letter,  send your final account, and, if you store original documents, ensure the documents are safely stored and that your database is updated accordingly…..

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Wills
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