SHAREHOLDERS AGREEMENTS, EXIT PROVISIONS AND THE IMPACT OF CONTROL

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Control is an important concept for applying certain income tax rules and valuation issues (amongst others) when dealing with corporations, with serious implications to current and future (and estate) planning scenarios. De jure control refers to legal control of a corporation, which requires a look at shareholdings. Control in fact, or “de facto control”, (“DFC”) is a broader concept that focuses on influence rather than legal control. As a result,….

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Business Succession Planning, Canada Revenue Agency, Contracts, Estate Planning, Investments, Property, Small Business, Succession Planning, Tax Issues, Uncategorized

Summer Time and the Living is Easy

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Are you planning any summer holidays?  Are you travelling alone or with your family?  Should you decide to vacation with your older parent, there are some pre planning tips that can make this journey more enjoyable for both of you. Firstly, know what type of holiday would be best for everyone. Extensive touring, outings, or excursions can be tiring for older individuals. There are some senior friendly travel agencies which….

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Elder Care

Estate Planning, Trusts, and Family Law

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Inter vivos trusts are often used in the estate planning process to manage and preserve family wealth across generations. Within that broad framework, such trusts are used for a variety of reasons. Parents or grandparents may want to establish a vehicle for funding the education costs of future generations. A parent may be concerned about a fraudster taking advantage of an adult child with diminished mental capacity. A business owner….

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Estate Planning, Trusts

Too much “Legalese” – Better Pay Attention!

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  This Blog was written by: Emily Racine   While reviewing wills with clients, the focus is often on the dispositive provisions of the will; in other words, clients tend to focus on the first five pages of the will and leave the rest to the lawyers. For the most part, this is for good reason. Wills often contain 10 or more pages of boiler plate language that can put….

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Contested wills, Estate Litigation, Uncategorized, Wills

Probate and the Humans Rights Tribunal of Ontario

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On June 29, 2019, the Human Rights Tribunal of Ontario (the “HRTO”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. My colleague, Jacob Kaufman, blogged about a previous and related HRTO 2017 case which required that a certificate of appointment of estate trustee (probate) be obtained – both where there is and is not a will – in order….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

Standing Together

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Last week I attended the funeral of my mother’s dear friend and spent a few days reminiscing with long time family friends.  No one wants to be the last woman standing as saying goodbye appears to get harder and harder; especially as there are fewer and fewer around to provide comfort and support. My mom’s friend was one of the lucky ones. She had children and grandchildren and several friends….

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Caregiving, Elder Care
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