Surprise…More Big Changes Coming to Estate Administration

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Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP “Change is the only constant” – Heraclitus. How is it possible that in one of the most traditional areas of law we are about to see even more big changes come into effect? Just as we get used to virtual witnessing, digital signatures, email service of documents, small estates certificates and e-filing, the Rules are literally changing again…..

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Estate Administration, Estate Administration and Probate Applications, Uncategorized

Should you Remove an Executor?

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This Blog was written by Edward Ngo, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management As the autumn leaves begin to fall and the cold air catches our breath, I remind myself there is no such thing as a simple will or a straightforward estate. The same can be said for an executor named in a will, where each appointed family member or friend carries….

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Executors, Uncategorized

The Court of Appeal Considers if an Application for Retroactive Support can be brought against an Estate

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In Blacklock v. Tkacz, the Ontario Court of Appeal confirmed that pursuant to section 17 of the Divorce Act, an application cannot be brought to claim or vary a child support order against a deceased’s payor’s estate if the original support order does not explicitly bind the payor’s estate. The Appellant was the ex-wife of the deceased. The parties had divorced in the late 1970s and a divorce order granted in 1978…..

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Estate Litigation

The Chronicles of an Estate Plan: The Settlor, the Kids and the Cottage

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Alter-ego and joint-spousal[1] trusts are inter-vivos trusts commonly used in estate plans to hold legal title of assets for the benefit of the individual and/or their spouse, prior to death, accomplishing some of the following benefits: avoiding probate, providing privacy, expediency of inheritance distribution, and minimization of legal challenge on estate assets. Tax deferred transfer The transfer of assets to these trusts are accomplished on a tax-deferred basis by relying….

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Canada Revenue Agency, Cottage, Estate Planning, Tax Issues, Trusts

Does This Sound Familiar?

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Son:     Mom, turn a light on, it’s getting dark outside. Mom:   It’s ok, I’ll just sit here in the dark.   Son:     Mom, it’s cold and raining outside.  I will call a taxi for you. Mom:   It’s senior’s day at Shoppers, I will take the bus.   Son:     Now that dad has passed away, this big old house must be getting a lot to handle. Do you think we could….

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Caregiving

Charitable Gifts on Death: Who can Claim the Donation Tax Credit?

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Today’s blog is being written by Jonathan M. Charron, senior associate at Fasken’s Montréal office.   The tax rules applicable to charitable gifts on death have changed considerably since 2016. These new rules aim inter alia at providing more certainty as to the tax treatment of such gifts and more flexibility in terms of who, between a deceased and his or her estate, can actually claim a donation tax credit….

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