Tax Implications and Considerations involving the Death of a Shareholder of a Private Corporation

• • 2 Comments

Today’s blog was written by Pritika Deepak, Associate at Fasken LLP This is the last part of a three-part blog series which provides a broad overview of some of the tax implications to consider, with respect to certain assets held at death. Part I, which addresses RRSPs can be found here: https://allaboutestates.ca/what-happens-when-a-taxpayer-dies-with-a-registered-retirement-savings-plan/ and Part II, which addresses exempt Life Insurance Policies can be found here: https://allaboutestates.ca/tax-implications-for-exempt-life-insurance-policies/. Part III of this….

Tax Implications and Considerations involving the Death of a Shareholder of a Private Corporation Continue Reading »

Estate Administration, Estate Planning, Tax Issues, Uncategorized, Wills

When Families Collide with Constructive Trusts

• • 1 Comment

Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….

When Families Collide with Constructive Trusts Continue Reading »

Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust

Seeking disclosure of a lawyer’s file to prove substantial compliance

• • 0 Comments

White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in January of 2022. In this case, the Applicant sought an order for the production of the file of the drafting….

Seeking disclosure of a lawyer’s file to prove substantial compliance Continue Reading »

Contested wills, Estate Litigation, Executors, Wills

When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will

• • 0 Comments

Estates law doesn’t typically make the news, so my attention is always piqued when I see a headline about a Will. A recent criminal case featuring a fraudulent Will made front-page news, and serves as a reminder of what a powerful document a Will is, the need to carefully plan and safeguard against fraudsters, and the risks inherent in estates law. Last month, Robert Konashewych, a Toronto police officer, and….

When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will Continue Reading »

Courts, Estate Administration, Executors, In the News, Wills

Bill C-22, the Canada Disability Benefit Act: an update

• • 1 Comment

This Blog was written by Jane Martin, Scotia Wealth Management Winding its way through the Senate approval process, Bill C-22, the “Canada Disability Benefit Act” reflects a promise by the federal government to introduce a guaranteed income supplement for Canadians with disabilities. Person living with disabilities comprise a disproportionate percentage of those living below the poverty line, and the poverty rate increases with the severity of disability.[1] The Act, which does….

Bill C-22, the Canada Disability Benefit Act: an update Continue Reading »

Uncategorized

The SDA and Parens Patriae Jurisdiction

• • 0 Comments

Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….

The SDA and Parens Patriae Jurisdiction Continue Reading »

Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top