I sat down to write this blog thinking I would write about a pithy planning idea that all readers would find fascinating. Instead, the events of the past few days have compelled me to write about something quite different. That is, the resilience of humans in the face of tragedy. Many will be familiar with the events of the past few days, namely, the horrific crash of a transport truck….
Resilience in the Face of Adversity Continue Reading »
UncategorizedProposed Change The Canadian donation tax credit regime is generous, but opaque and needlessly complex. The March 28, 2018 Ontario Budget proposed a welcome reform for an intricate system. Too bad the idea is from a government that polls predict will likely to be voted out of office in eight weeks. Ontario’s current system of donation tax credits is the most byzantine in the country due to a combination of….
Ontario Donation Tax Credits – Proposed Rationalization Continue Reading »
Uncategorized
A recent Ontario decision, Martin v. Martin [1], considered the minimal evidentiary threshold required to obtain documentary discovery in a will challenge as set out in Seepa v. Seepa. For further background on Seepa, read Rebecca Studin’s previous blog post on that decision. In Martin, the Applicant (the named Estate Trustee) sought an order removing the Notice of Objection of the Respondent, his sister, to his appointment as Estate Trustee….
More than a Suspicion: The Minimal Evidentiary Threshold Continue Reading »
Estate Litigation, Testamentary Capacity, WillsOccasionally, I (like many of fellow bloggers for sure) get asked – what is appropriate remuneration for an executor or executrix to administer an estate – often in circumstances where remuneration is not specified or even referred in the deceased’s will or otherwise. Bottom line, what are the guidelines and how much is enough? A recent court case in the Supreme Court of British Columbia Le Gallais Estate (re) 2108….
Executors Remuneration Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee Compensation, Uncategorized, WillsCase Example 1: John, was a 93 year old, well -to -do gentleman, never married and had no known family. He lived in his own home in a nice part of the city. His next door neighbor had kept an eye out and assisted him over the years by shoveling his walkway and offering to get groceries for him on an occasional basis. John had a ‘Friend’ who he met….
Could There Have Been A Different Outcome? Continue Reading »
Elder Care, Elder Law, Power of Attorney, Undue influenceThe longer days and (occasionally) sunny skies remind us that cottage season is once again almost upon us. A source of great pleasure, the family cottage can also be a source of great angst in the context of estate planning. While often not the largest asset in an estate from a value perspective, the cottage makes up for its relative value by having the dubious honour of being the asset….
Creating a “Cottage Family” Continue Reading »
Cottage