ETDL Appeal is to the Divisional Court – not the Court of Appeal

• • 0 Comments

What appellate court is the proper forum for an appeal regarding the payment of an estate trustee during litigation’s fees (an “ETDL”)? In Gefen v. Gaertner, 2019 ONCA 233, the Court of Appeal held it was the Divisional Court and not the Court of Appeal. The Gefen Estate (the “Estate”) was embroiled in litigation. The deceased and others had a beneficial interest in various properties which were legally owned by….

ETDL Appeal is to the Divisional Court – not the Court of Appeal Continue Reading »

Estate Administration, Estate Litigation, Trusts, Wills

Pipelines and non-resident beneficiaries

• • 0 Comments

Without proper tax planning, private company shareholders face the prospect of a double tax on the value of shares – once at the time of death and again when the successor beneficiaries extract the share value from the company.  Post mortem “pipeline” planning solves this problem by allowing the estate to extract the share value without additional tax paid in the deceased shareholder’s final return, that is, before a recently….

Pipelines and non-resident beneficiaries Continue Reading »

Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues

Families and Lessons Learnt Along The Way V: 2

• • 0 Comments

The more people/families I meet, the more I am amazed that there can be so much conflict that continues….. Many estate practices are busy because of familial conflict. We all know families that are not on speaking terms. In most cases, money has something to do with it. I wanted to share with you one family’s story that perhaps can give us pause for reflection and perhaps to change an….

Families and Lessons Learnt Along The Way V: 2 Continue Reading »

Estate Donations, Estate Litigation

To Spring, or Not to Spring!

• • 0 Comments

Today’s blog is being brought to you by guest blogger, Tracy Parkinson, a law clerk in the Private Client Services group of Fasken LLP. Recently I have noticed that many meeting agendas for group discussions of estates practitioners that I have attended have included some aspect of the challenges, use and safekeeping of powers of attorney for property. Depending on the audience, the discussion can go in many different directions,….

To Spring, or Not to Spring! Continue Reading »

Uncategorized

Why Sound Estate Planning is more than Asset Distribution

• • 0 Comments

This blog was written by Justin Ecclestone, Associate Estate and Trust Consultant with Scotia Wealth Management   Coy Luther Perry “Luke Perry” died on March 4, 2019 at the age of 52. Luke Perry was a renowned Hollywood actor, widely known for his roles in Beverly Hills 90210, The Fifth Element, Buffy the Vampire Slayer, and more recently, his role in Netflix TV Series, Riverdale. Luke Perry suffered a very….

Why Sound Estate Planning is more than Asset Distribution Continue Reading »

Estate Administration, In the News, Wills

Disability Tax credits and Bankruptcy

• • 0 Comments

In general, unpaid and to be paid disability tax credits can form part of a bankrupt’s estate in the form of property and income. If they are “property of the bankrupt” within the Bankruptcy and Insolvency Act, (the “BIA”), then they are 100% distributable amongst estate creditors in accordance with the priority scheme set out in the BIA. If they are “income” within the BIA, they are subject to contribution….

Disability Tax credits and Bankruptcy Continue Reading »

Canada Revenue Agency, Disability, Estate Administration, Tax Issues, Uncategorized
Scroll to Top