Costs where Will Challenge was Not Frivolous

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On December 21, 2022, the Court of Appeal released its decision in Di Nunzio v Di Nunzio, 2022 ONCA 889 (CanLII) (“Di Nunzio”). The testator’s daughter appealed the lower court’s decision dismissing the challenge to her mother’s will (Di Nunzio v. Di Nunzio, 2021 ONSC 6689 (CanLII)). The daughter appealed the dismissal of her will challenge and sought leave to appeal the $111,395.45 costs award against her. The appellate court….

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Contested wills, Costs

Valuation of Interests in Discretionary trusts and Family Law

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These days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues related to these trusts in family law, including the determination of what is considered “included” and “excluded” family property before….

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Business Succession Planning, Contracts, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Investments, Property, Real Estate, Resulting Trust, Separation, Small Business, Spouse, Trusts, valuation

January is Alzheimers Awareness Month

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Happy New Year. It was a busy start of the new year as families were eager to connect, speak with an expert, learn and gather information. As January is also Alzheimers Awareness Month, I thought I would share how my first week in January 2023 was spent with several new families- all adult children worried about their parent (s) with dementia. Two scenarios are briefly outlined: Meet John: John is….

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Elder Care, Geriatric Care Management, Power of Attorney

What Happens when a Taxpayer Dies with a Registered Retirement Savings Plan?

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Today’s blog was written by Pritika Deepak, Associate at Fasken LLP. Dealing with the tax implications arising upon an individual’s death is a central theme in estate planning. These tax implications may differ depending on the assets and properties that an individual owns at death, as well as the individual’s registered tax plans. This three part series will provide a high level overview of certain tax implications and considerations relating….

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Uncategorized

Resolutions, Time Capsules and that Country Twang

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It’s a new year and that means resolutions to strive for. For example, coming up with a blog post on short notice when no one at Scotia wanted this blog date. Talk about seizing opportunities. During the pandemic, I got into country music. I admit it y’all. I grew an appreciation for the storytelling and the fun of some of the new school songs and artists. The idea for this….

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Uncategorized

As You’re ‘Checking Your List’, Don’t Forget Your Year End Tax Planning

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As the holidays approach, so too does December 31st or the end of a calendar year.  This date can mean different things to different people.  For those in the business of estate and tax planning, the spectre of December 31st often leads to calls from clients who are looking to: complete a project they had on their “to do” list for the calendar year, start a project but have it….

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Estate Planning, Tax Issues, Trusts
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