Brittany Sud

Total 43 Posts

Brittany Sud is a member of the Trust, Wills, Estates and Charities Group at Fasken, Toronto office. Brittany is developing a broad estates and trusts practice with a focus on planning and administration matters. As part of her practice, Brittany assists high net worth clients, entrepreneurs and professionals with Wills, powers of attorney, domestic contracts and trusts. She has experience developing and implementing cohesive estate plans that reflect the financial objectives and short and long-term goals of clients, including advising on probate planning, family business succession planning, asset protection strategies and disability planning. Brittany’s estate administration practice includes preparing applications for probate and administering the Canadian estates of non-residents. Outside of the office, Brittany enjoys playing softball and tennis, travelling and cooking. She is a dedicated volunteer of the United Jewish Appeal, Jewish National Fund, One Family Fund and Baycrest Foundation. Community Involvement • Host, Baycrest Foundation - Game Night for Baycrest, 2015 • Chair, Pitch for Israel Softball Tournament, 2014-2016 • Vice-Chair, United Jewish Appeal Young Lawyers Leadership Campaign Canvassing Team, 2016 Memberships and Affiliations • Member, Canadian Bar Association • Member, Ontario Bar Association - Trusts and Estates Law Section • Member, Ontario Bar Association - Young Lawyers’ Division • Student Member, Society of Trusts and Estates Practitioners (STEP) Canada

Obtaining Administration Bonds Versus Dispensing with Administration Bonds

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An administration bond is a promise to the court, with a surety, that the executor of an estate will be honest in performing his/her duties in the administration of the estate and in distributing the property of the estate to the beneficiaries. It protects the beneficiaries and creditors of the estate in the event of an improper administration of the assets of the estate. Under the Estates Act, R.S. O…..

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Mutual Wills versus Reciprocal Wills

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In the Ontario Superior Court decision, Lavoie and Trudel, 2016 ONSC 4141 (“Lavoie and Trudel”), the court was tasked with determining the validity of a will made on December 5, 2007 (the “2007 Will”) by the deceased, Lucien Trudel (“Lucien”), following his wife, Madeleine Denis’ (“Madeleine”) death.  Among the issues concerning the validity of the 2007 Will was whether the wills made on March 30, 1983 (the “1983 Wills”) by….

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Estate Planning, Wills

When is a Settlement Considered Binding and Enforceable?

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In the recent decision of Prince v Nytschyk Estate, 2016 ONSC 7459, the Ontario Superior Court of Justice enforced a settlement despite the lack of signed minutes of settlement at the time of death of one of the parties. In this case, Cherie Lewicki (“Cherie”) and Joseph Nytschyk (“Joseph”) were in a common-law relationship for about 15 years, during which time they lived together in a house in Joseph’s name alone. Joseph died intestate (without a Will) in 2013 and Cherie continued to live in the house until her death in 2015. Before her death, Cherie commenced a claim for dependent’s relief against Joseph’s estate. As part of her claim, Cherie sought a declaration that the house was held in trust for her based on a resulting or constructive trust. With the estate’s potentially significant exposure to a dependant’s support claim, the parties agreed to a settlement whereby the house would be transferred to Cherie. However, prior to the completion of any signed minutes of settlement, Cherie unexpectedly died…..

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Contracts, Estate Administration, Estate Litigation, Wills

Charitable Donation Tax Credits – When Can They Be Utilized?

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Many individuals make donations to charities in their Wills. Not only does this fulfill philanthropic goals, but it also provides a tax benefit. Making a charitable gift by will provides donation tax credits which can be used to offset the deemed disposition of capital property that occurs on death…..

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Estate Planning, In the News, Wills

Testamentary Trusts – Are they Dead?

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Dating back to the 12th century when the English court of equity created the concept of the “use”, which in modern day is known as the “trust”, trusts have been an important tool in estate planning for both tax and non-tax reasons. Prior to January 1, 2016, testamentary trusts had enhanced tax benefits for purposes of incorporating into an estate plan. Effective January 1, 2016, changes to the Income Tax Act (the “ITA”) eliminated one of these enhanced tax benefits that testamentary trusts offered, leading practitioners to ask whether testamentary trusts continue to serve a purpose in a individual’s estate plan…..

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Estate Planning, Trusts

“Failing to Plan is Planning to Fail”

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A colleague of mine previously blogged about the importance of taking care of business so that you don’t leave a mess for your family and the courts, using the late famous musician, Prince, as an example for failing to plan for death. Since Prince’s passing in April 2016, no will has surfaced and the legal issues have continued to emerge, the latest, among them, being the interplay between probate and….

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Estate Planning
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