Where’s There is a Will (and a Clear One), There is a Way!

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In Campbell v Evert 2018 ONSC 593, the deceased had, in the decade prior to her passing, transferred to Mr. Evert (one of the “kids”) the family cottage valued at $145,000. In her will later that year,  she made a specific bequest of $145,000 to Ms. Campbell, the other “kid’, which was consistent with the value of the cottage at that time. Several years later and prior to her passing,….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Executors, Property, Real Estate, Testamentary Capacity, Trusts, Uncategorized, Wills

Celebrating New Beginnings

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Last Monday was Labour Day which signifies back to school and end of summer. It is a time of new beginnings, setting goals and starting new projects. Today is the first day of the Jewish New Year, another fresh start for those who celebrate. For many who may not attend synagogue, it may still be recognized and celebrated with family sitting down together for a festive dinner. Traditions continue and….

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Elder Care, Family Conflict, Uncategorized

“Duelling” Designations

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I was reminded this week of the need for advisors to consider more than division of property, support, and custody and access arrangements in the context of marriage breakdown. Taxation issues related to family residences which could qualify as a principal residence need also be considered.  One of the requirements that must be met in order for a particular property to qualify as a principal residence is that only one….

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Tax Issues

You Better Think – Who will be your Estate Trustee?

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Aretha Franklin, queen of soul, passed away on August 16, 2018 in Michigan, United States.  She leaves behind unforgettable songs, a vast estate, and no will.  It never ceases to surprise me when I hear about a celebrity dying without a will (i.e. intestate).  Sure, celebrities are people too.  But, intestate celebrities often leave behind multi-million dollar estates without specifying who will administer or inherit the estate.  As previously blogged….

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Uncategorized

Tax implications of losses incurred in a fraudulent investment scheme

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All to often it is the elderly and disadvantaged who are taken advantage of in fraudulent investment schemes. The Canada Revenue Agency recently released some general information that applies to taxpayers who participated in what reasonably appeared to be a legitimate investment for income tax purposes. Generally speaking, an amount paid to a taxpayer that is a return on investment, such as interest, must be included in the taxpayer’s income….

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Canada Revenue Agency, Executors, Tax Issues

Undue Influence by “Unwitting Proxy”

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Undue influence results in benefits to a beneficiary/donee which would not have occurred except for the undue influence imposed by the beneficiary/donee upon the testator/donor. Undue influence can be conceptualized into two distinct types: (1) “actual” undue influence and (2) “presumed” undue influence. Actual undue influence is concerned with coercive or deceptive behaviour. As explained by Lord Justice Lindley in the seminal case of Allcard v. Skinner,[i] actual undue influence….

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Capacity Law, Elder Law, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Resulting Trust, Testamentary Capacity, Trustee, Trustee Disputes, Undue influence
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