COVID-19, the Courts and the One Judge Pilot Project

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We must all do our part to help fight the spread of COVID-19, including frequent hand washing and social distancing. As of this Tuesday, the Ontario civil courts (including the estates list) are doing their part by suspending regular operations. In the interim, the court will be hearing urgent and time-sensitive motions and applications where “immediate and significant financial repercussions may result if there is no judicial hearing.” A hearing….

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In the News

Let’s meet for a virtual coffee!

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Today’s blog is sent from my home office to yours, as you are likely  working from home- whether you are already in self quarantine or being socially distant and respectful. So much can change in one week and hard for us all to imagine what next week will bring.  However until then, I want to share some positive activities that can be initiated as we figure out how best to….

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Caregiving, Elder Care, Uncategorized

Leaving a Lasting Impression and Making a Difference

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. When a celebrity dies, outside of the cause of death, it seems the first thing that is reported is what their net worth was at the time of their death and what is being left to family. Recently, Marie Osmond made headlines when she announced that….

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Estate Administration, Estate Donations, Estate Planning, Family Conflict

Dancing with the Dead

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This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management   If you had the chance to see your favourite artist perform in concert after they passed away, would you attend? For many Whitney Houston fans, this is now a legitimate question to ask themselves. In May 2019, Whitney Houston’s estate signed a deal with Primary Wave Music Publishing, a boutique marketing and music….

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Executors, In the News, Uncategorized, Wills

Actions Have Consequences – They May Sever Joint Tenancy

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Leaving aside other means of severance, including that which occurs on bankruptcy or by judicial sale, there are three main ways to sever a joint tenancy: Unilaterally acting on one’s own share, such as selling or encumbering it; A mutual agreement between the co-owners to sever the joint tenancy; and Any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse

Clearance Certificates

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An executor, as the legal representative of the estate, is required to obtain a clearance certificate before distributing property that they control. Where the executor fails to obtain a clearance certificate, they are liable for any unpaid amounts in respect of any property distributed. Some will argue that not every estate needs a tax clearance certificate, but a recent court case highlights the kind of trouble an executor can get….

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Canada Revenue Agency, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Tax Issues, Uncategorized, Wills
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