Inbox (1): My Last Will and Testament

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This blog was written by Adam Settecase We are living in the hyper-digital age. As a result of the COVID-19 pandemic, the formalities for executing wills have been modified in many jurisdictions to allow for virtual witnessing via videoconference. An attestation by a witness who is not even remotely in the same location as the testator would have been unthinkable as recently as two years ago. The Barreau du Québec….

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In the News

How A Rumoured Las Vegas Wedding To A Russian Child Star Shook Up An Intestacy

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The background to the unopposed motion was lurid: a prominent lawyer cut down before her time and a last-minute Las Vegas marriage to a former Russian child star. In Estate of Tanya Claudia Davies, 2022 ONSC 2009, the court stayed an application for a certificate of appointment of estate trustee due to the court’s general supervisory role over officers of the court and internet rumours. Tanya Davies was a prominent….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, In the News

Crypto assets – Canadian or foreign – it matters!

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Crypto assets are intangible digital assets that exist on a decentralized network through distributed ledger technology (DLT) – such as blockchain. A distributed ledger is a type of database that stores electronic records shared and replicated across many locations in numerous countries and maintained by a peer-to-peer world-wide decentralized network. Therefore, the crypto asset is not exclusively situated in any particular country making it difficult for the taxpayer and professionals….

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Estate Administration, Tax Issues

April 5th is National Caregiver Day

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Happy Monday. Last week’s blog stressed the importance of recognizing the gift and sacrifice that Canadians caregivers provide to their family and friends on a daily basis. April 5th is National Caregiver Day when we recognize the nearly 8 million Canadians who care for family and friends who have chronic health conditions, disabilities or functional limitations. Look around, 1 in 4 Canadians provide unpaid care to a family member or….

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Caregiving

Walters v. Walters: Limits to “Absolute Discretion” and Judicial Intervention by: Yvonne Mazurak

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A recent Court of Appeal decision, Walters v Walters, 2022 ONCA 38, addresses a trustee’s requirement to give effect to a testator or settlor’s intentions when exercising discretion with respect to distributions from a discretionary trust. At issue was whether the trustees had improperly relied on extraneous or irrelevant factors when exercising such discretion. The decision, written by Justice Sarah Pepall for the Court, is a helpful read as it….

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Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Wills

Taxation on Cryptocurrency

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This Blog was written by: Dave Madan, Market Lead and Manager, Scotiatrust  We’re well into tax season, but for this year, your review of your taxable transactions may be very different. You might have explored investing or trading cryptocurrency. Buying and selling some Dogecoin after Elon’s tweets does carry income tax implications. Everyone exploring this new age of investment should understand the implications, as well as their advisors looking to….

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