Valuing Estate Assets – A Hierarchy of Evidence

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Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate assets properly is important – it may impact estate tax, the deceased’s personal taxes, and the sale price of the….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Probate Tax, Property, Real Estate, Tax Issues, Trustee, Trustee Disputes

Use of Cottage By Children of Settlor of an Alter Ego/Joint Partner Trust

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Both alter ego and joint partner trusts (the trust) allow a settlor to transfer capital assets into the trust on a tax-deferred basis if the following conditions are met: The trust is created after 1999. The settlor is at least 65 at the time of creation. In the case of an alter ego trust, the settlor must be entitled to receive all the trust’s income that arises before death. In….

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Canada Revenue Agency, Cottage, Estate Administration and Probate Applications, Estate Planning, Executors, Property, Real Estate, Succession Planning, Tax Issues, Trustee

The Year of the Ox

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It was two years ago this week that I had the pleasure of celebrating the Chinese New Year in Taiwan. It now feels like a very distant memory yet one that I can vividly recall. This year, the Year of the Ox starts on February 12, 2021. In Taiwan the national holiday is celebrated for one week during which time most stores are closed. What I recall most about that….

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Section 16(b) of the Succession Law Reform Act: A Different Kind of Spousal Election

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In Ontario, s. 15 of the Succession Law Reform Act (the “SLRA”) provides that a Will is revoked by a subsequent marriage of the testator. Practitioners who are meeting with a client in the weeks leading up to his or her marriage will often prepare a Will that contains a statement that the Will was made “in contemplation of the marriage”, which will ‘save’ the Will from revocation by the….

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Estate Planning, Wills

The Slayer Law in Canada Part II: Beneficiaries Gone Bad

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  In December this author wrote about the common law forfeiture laws, colloquially known as “Slayer Law”, which precludes an individual from deriving a benefit from their own “morally culpable conduct.” In the context of the testator-beneficiary relationship, a beneficiary who is found to have caused the unlawful death of a testator will be deemed at common law….

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Estate Litigation, In the News

Fake Evidence in the Era of Fake News

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Today’s blog was written by Tyler Lin, student-at-law at de VRIES LITIGATION LLP Widespread embrace of social media has brought text messages, e-mails, and postings to the forefront of evidence in criminal, civil and family law disputes. These sources are supposed to allow judges to glean insight into the life and deeds of the disputing parties. However, in this era of “fake news,” technologies have developed that make it easier….

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Credibility, Estate Litigation, Family Conflict, In the News, Spouse
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