August 2022

Estate Trustee Compensation – Discretionary Factors

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Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

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Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

Beneficial ownership reporting – beware of penalties

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Proposed regulation subsection 204.2(1) of the Income Tax Act (ITA) introduces a requirement for all trusts, that are required to file a return of income, to provide additional information[1] for each person who, in the year, is a trustee (or protector[2]), beneficiary or settlor[3]. This additional information includes: name, address, date of birth (in the case of an individual other than a trust), and jurisdiction of residence and taxpayer identification….

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Canada Revenue Agency, Trustee

Anything New with Passing of Accounts?

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Much has been written about the significant changes to the Ontario court probate forms and processes that came into effect on January 1, 2022, and more recently the July 1, 2022 amendments.  But, is there anything new with passing of accounts? Surprisingly, there have been no changes to the court rules and forms regarding passing of accounts since January 1, 2016.[1]  You may recall some of the 2016 changes, which….

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Estate Administration

Campaign Donors Permitted to Advance Trust Claim

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GoFundMe is arguably the most recognized crowd funding platform used by many who seek to raise funds from the public domain to support a defined goal. Legal issues have been raised surrounding the funds donated through platforms such as GoFundMe, particularly when the funds are used for something other than its intended purpose. This issue is at the heart of Maghdoori v. Sanjari, 2022 ONSC 4624 (CanLII) (“Maghdoori”), an application….

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Charitable Giving, Estate Donations, Philanthropy/Charitable Giving, Trusts

Alternate Levels of Care should not be your local hospital

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With the reputation of Long Term Care Homes hitting a new low, it comes as no surprise that seniors want to grow older in their own homes.  However our hospitals and our emergency departments have become a temporary holding spot for many seniors, who cannot return home.   The August 25, 2022 Globe and Mail article  reported: ‘lying in a bed in a noisy, unfamiliar environment designed for short-term stays causes….

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Elder Care

The Importance of Religious and Cultural Values in Estate Planning

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This blog has been written by Najib Painda, Law Clerk at Fasken LLP Religious and cultural values in Estate Planning As an immigrant growing up in different parts of the Greater Toronto Area, I was fortunate enough to be part of and experience diverse communities which embraced different ethnicities, cultures and religious beliefs. As a result, my relationships expanded to include the people around me within a melting pot of….

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