Corina Weigl

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Corina Weigl is a partner in the Trusts, Wills, Estates and Charities group at Fasken, a leading international law firm with over 650 lawyers and 9 offices worldwide that offers comprehensive estate planning, estate administration, personal tax planning, charitable giving and estate litigation services. Email: cweigl@fasken.com

Charitable Remainder Trusts – A Capital Idea

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Today’s Blog was written by Katie Ionson, Associate at Fasken Martineau DuMoulin LLP In the right circumstances, charitable remainder trusts (“CRT”s) can be a chance to have your cake and eat it too. CRTs can be testamentary or inter vivos trusts. Generally, the settlor and/or someone close to the settlor (e.g. a spouse) receives income from the trust during his or her lifetime. On the life tenant’s death, the capital….

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Estate Planning, Home-Right, Philanthropy/Charitable Giving

Is it a Will?

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The answer to this question depends on (i) the legal requirements regarding the formalities for making a Will and, (ii) when those requirements are not met, whether the court with jurisdiction over the Will is able to follow the doctrine of “substantial compliance”. In Ontario, in order for a Will to be valid it must either be a holographic Will or a formal Will. A holographic Will is one that….

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Estate Planning

What’s Done is Done?

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As a lawyer whose area of expertise is estate planning I am often asked about “simple” strategies to avoid or reduce the amount of probate taxes that may be payable on an individual’s death. (Probate is the process to confirm the validity of an individual’s Will. It is not always needed in order for an executor to be able to administer the assets of an individual’s estate. If it is….

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Estate Planning

Brent Kern Summary

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Today’s blog was written by Katie Ionson. The Tax Court of Canada’s decision in Brent Kern Family Trust v. R was released on October 17, 2013. Brent Kern is the first reported case to apply the watershed decision of the Federal Court of Appeal (the “FCA”) in R. v. Sommerer, which was released in 2012. The case is unusual in that the normal positions of the parties were reversed: the….

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Estate Planning

(Un)Certainty with Probate Taxes

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As someone who counsels executors and administrators I’ve always been comfortable advising that when applying to probate the will or obtain a certificate of appointment of estate trustee without a will they are required to swear an affidavit attesting to the values of the assets caught on their application and that the values used ought to be based on sound back-up assessments. Those values then form the basis upon which estate administration (probate) taxes are required to be paid to the Minister of Finance. Recently, however, some uncertainty has been thrown into the mix. ….

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Estate Administration, Estate Administration and Probate Applications, Probate Tax

Are you free to do what you want when you die?

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In previous blogs I’ve talked about why you should have a Will. Now it’s time to discuss what limitations are imposed on you when leaving your estate. In general, you are free to leave your assets to whomever you want. This is called “freedom of testamentary disposition”. However, for certain policy reasons, the law does impose some restraints on you. To avoid costly disputes after you are gone, it’s important that these legal limitations be addressed…..

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Estate Administration, Estate Planning
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