Estate Applied to Have Filings Made by Taxpayer Lacking Mental Capacity Set Aside

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In Ntakos Estate v. The Queen, 2018 TCC 224, a family business was owned by the deceased taxpayer, Anna (after her husband passed away in 1995) with two brothers-in-law through a holding corporation. Anna’s mental and physical health declined from 1995 until her death in 2004. She was diagnosed in 2002 with cancer, and apparently lacked mental capacity after that date. In 2003, the accountant for the family business got….

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Canada Revenue Agency, Capacity Law, Estate Administration, Family Conflict, Investments, Property, Small Business, Spouse, Tax Issues, Testamentary Capacity, Uncategorized

Difficult Conversations: With Our Children

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All of the writers (and presumably the readers as well) know the importance of having their ‘important paper’ work completed. For me, most importantly this means completing Powers of Attorney for both Property and Personal care as well as Advanced Care Directives. For you, perhaps the ‘most importantly’ may be the Will, but regardless we can all agree that these are all key documents for living (and for dying) well…..

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Power of Attorney, Wills

A Cautionary Crypto-Tale

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My fellow blogger Maureen Berry and colleague Demetre Vasilounis, Student-at-Law, recently blogged about a form of digital assets that has received limited treatment in Canadian estate law commentary, namely digital assets that continue to generate revenue after the death of the owner, such as the YouTube and Twitch “Partner” programs. To the above we can now add a further consideration to the world of estate planning for digital assets, that….

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Choosing an Appropriate Age for Young Beneficiaries to Inherit

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This Blog was written by: Daniel Watts, Estate and Trust Consultant, Scotiatrust   A very common issue that arises in estate planning, especially when the clients have young children, is deciding when an appropriate age is for the children to receive their inheritance. Prior to this age, the inheritance will be held in trust for the beneficiary, and may be used for their benefit (e.g. paying for university tuition). In….

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Family Conflict

To Remove or Not to Remove… That is the Question (with apologies to the bard)

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Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from BC to spend two weeks with Mary while she was in hospital. Shortly after Laura….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Wills

The New Dope- For Seniors and It’s Legal

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Psst, what do you know about….. Mary Jane, Jay, Doobie, Weed, Pot, Grass, Dope, Ganja,Herb, Aunt Mary, Skunk, Boom, Roach…… about cannabis? Despite many in the population having used (medical) marijuana for a number of years to soothe a variety of conditions from migraines to anxiety to cancer, recently legal cannabis usage has brought about significant changes in both attitude and access. When marijuana became legal in Canada in October….

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