Dealing with U.S. Life Insurance Policies in Ontario Estate Plans

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After 4 years as a law clerk in the Fasken’s Private Client Service Group and Trust, Wills, Estates and Charities Group, I am changing tracks and joining TD Wealth as an Executive Trust Officer. While at Fasken I had the pleasure of working on many interesting and challenging matters along side some amazing people, so today, my last day, writing my final All About Estates Blog (“AAEB”) feels bitter sweet…..

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Restricted gifts of real estate

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When I was a young charitable gift planner, my charity was offered a cluster of islands on Georgian Bay.  Surrounding the 100-year-old family cottage were sheds, cabins and boat houses.  The donors had a vision: it would be a children’s camp. It was a stunning property.  Valuable, despite the sagging, mouse-infested buildings.  But this gift by will was contingent and restricted.  It would be a children’s camp, or nothing at….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Big New Rules for Small Estates

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The law in Canada is not static – it evolves and changes to meet our society’s needs through incremental changes to the common law (i.e. the application and interpretation of the law through the courts) and through legislative changes. One recent change to Ontario’s laws was made through the Smarter and Stronger Justice Act, 2020 (the “Act”). The purpose of the Act is to make it easier, faster and more….

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Courts, Estate Administration, Estate Administration and Probate Applications, Executors, Trustee, Wills

TFSA’s and Non Resident Penalties – An Update

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A couple years ago, one of my blog colleagues wrote on the residency rules regarding tax free saving accounts (TFSA’s). Generally, as an owner of TFSA, if you leave Canada, the accumulated funds may remain in the TFSA without Canadian tax consequences. You can’t make any further contributions but you can make withdrawals. The penalties for not abiding by the non-residency contribution rules are severe – essentially 1% per month….

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Canada Revenue Agency, International, Investments, Liability, Tax Issues, Uncategorized

Removal of Executor/Estate Trustee for Perceived Conflict of Interest

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Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1]  In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly interfere with a testator’s choice of executor/estate trustee.  When the court is asked to remove an executor/estate trustee, it will….

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Estate Administration, Estate Litigation, Executors, Trustee, Trustee Disputes, Wills

Love is in the Air. But be cautious

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This Blog was written by Lara Besharat A romance scam, also commonly known as “catfishing”, is a fraudulent scheme, generally accomplished via social media or through an online dating platform, wherein a scammer feigns romantic interest in a target, develops a “relationship” with that person, and ultimately swindles them for money. Seniors in particular are at high risk of being preyed upon in this way. While this is a growing concern, there….

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