June 2025

Removal of Estate Trustees Upheld by Ontario Court of Appeal

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In MacBeth Estate v. MacBeth, 2025 ONCA 360 CanLII (“MacBeth Estate”) the lower court’s decision was affirmed by the Ontario Court of Appeal. The appellants appealed the lower court’s decision on the basis that the motion judge (i) erred in denying the appellants an adjournment; (ii) erred in removing them as estate trustees; and (iii) erred in permitting a holdback of only $50,000 (the estate trustees argued for a much….

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Costs, Estate Administration

Joint Ownership & U.S. Estate Tax Considerations

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Canadians are familiar with the concept of joint ownership with right of survivorship. It is the prevalent form of ownership between spouses. Therefore, it is not uncommon for Canadians to own U.S. real property or other U.S. property, jointly, especially between spouses. Many are of the view that it will simplify the estate plan and succession of the U.S. property to the surviving owner yet, few understand the U.S. estate….

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International, Joint Tenancy, Real Estate, Succession Planning, Tax Issues, United States, US Taxes
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