April 2024

Analysis of Undue Influence is Case Specific

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The applicant in Roe v. Roe, 2022 ONSC 5821 (CanLII), was not successful in setting aside his mom’s will on the basis of undue influence and “insane delusions”.  He was the only son (of four) who was disinherited in his mom’s will.  This was a departure from the mom’s previous will which treated her four sons equally.  The applicant argued that his mom had been unduly influenced by his brother,….

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Capacity Law, Contested wills

Power of Attorney for Property & The Tax Association Rules

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The small business deduction is a key tax incentive for entrepreneurs of small businesses.  If the corporation qualifies as a Canadian controlled private corporation (commonly referred to as CCPC), the net federal tax rate for active business income is 9% on the first $500,000. The Income Tax Act (the “Act”) also has association rules to prevent business owners from multiplying the small business deduction among their businesses.  When two or….

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Estate Planning, Power of Attorney, Tax Issues

Hot Topics with Gentlemen in their 80s

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Recently, I returned for my fourth annual presentation to a group of older gentlemen about planning for the last decade of life. With more than fifty in the audience each year, the participants are a good cross-section of men in their 80s. They are a lively, well-informed group of retired and semi-retired men who share insights and advice on what they want and need for smart ageing. As one person….

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Elder Care, Elder Management, Estate Planning, Funeral Planning, Medical Assistance in Dying, Smart Ageing, Uncategorized

Cultivating More Than Just a Green Thumb: The Hermès Gardener’s Extraordinary Fortune?

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Today’s Blog was written by Jessica Butler, Law Clerk at Fasken LLP. Nicolas Puech (“Nicolas”), the 80 year old fifth-generation descendant of Thierry Hermès, founder of renowned fashion house, Hermès, made headlines in December when he announced that he plans to bequeath at least half of his fortune to his unnamed (but apparently incredibly talented) former gardener. The value of the Hermès brand is estimated to be €211 billion (approximately….

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Estate Planning, In the News, Wills

The Cost of a Will

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This post was written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Specialists in estate planning recognize the value and importance of having a well-prepared estate plan. Many of my fellow authors have articulated the importance of a comprehensive will and estate plan. Those involved in estate administration have experienced the pitfalls of poor or non-existent planning.   Despite the many examples of estate’s gone awry – it can….

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Costs, Estate Administration, Estate Planning, Wills

Examination of non-parties

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Production of documentary evidence and examinations are key parts of the litigation process as a matter proceeds towards trial. In some cases, an applicant may wish to examine non-parties, in addition to the opposing litigants. In an estates context, these can include family members of the deceased, accountants or solicitors that helped the deceased manage his or her financial affairs or draft a will, or business partners of the deceased…..

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Estate Litigation, Executors, Family Conflict, Wills
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