Curtailing Frivolous Will Challenges

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In Seepa v. Seepa, the court called for a “culture shift” away from boiler plate, consent orders for directions, which are routinely granted in will challenges on the Toronto Estates List. Instead, the court will assess the quality of the allegations made by the applicant will challenger to make out “a minimal evidentiary basis to support the order for directions sought”. Estate litigators would be wise to sharpen their skills and revisit what it….

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Contested wills, Estate Litigation

Canada Pension Plan Survivor Benefits

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It’s no surprise that when one spouse dies there may be a sharp decline in household income suggesting some time is spent planning for the change.  A recent article (http://www.advisor.ca/tax/tax-news/shedding-light-on-the-cpp-survivor-benefit-241094?email=yes) shed light on the CPP survivor benefit that is both interesting and worthy of note. A survivor for purposes of the CPP death benefit includes a common law spouse.  A common law spouse’s claim takes precedence over the claim of….

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Estate Planning, Executors, Trustee, Uncategorized

Ontario’s Plan For Us To ‘Age With Confidence’

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Last January 2017 the Ontario government recognized that Seniors in Ontario are a growing force that needs to be better serviced and recognized and created its own stand alone Ministry, namely the Ministry of Senior Affairs. It has previously been housed within the Ministry of Infrastructure. Yes I thought they were strange bedfellows too. While Statistics Canada advises that there are more seniors over age 65 than children under 15….

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Elder Care

Occupation of the Principal Residence held in an Alter Ego Trust

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The CRA was asked whether the fact that the spouse of the settlor/beneficiary of an alter ego trust inhabits the principal residence of the trust would taint the trust for the purpose of subparagraph 73(1.01)(c)(ii) of the Income Tax Act (“subparagraph 73(1.01)(c)(ii)”). The CRA’s response was favourable. It explained that this is a question of law and fact. However, as long as the terms of the trust satisfy the conditions….

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Tax Issues, Trusts, Wills

Rest in Peace (or at least in bits and bytes)

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This Blog was written by: Carol Willes Recently I co-presented to fellow estate professionals about practical challenges that might ambush an executor or attorney for property when encountering digital and other unique assets in an estate. We uncovered some fascinating and disturbing issues that can present themselves for the unfortunate personal representatives who have to roll up their sleeves and manage these things. In today’s blog I will highlight some….

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Estate Administration, Uncategorized, Wills

So, you want to be an Executor – Take Heed!

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Today’s blog was written by guest blogger Wendy Templeton. Wendy Templeton practices in the area of Wills, trusts, tax and estates at LLF Lawyers LLP in Peterborough. She is a well-known author and lecturer and currently contributes to the Diploma Program of the Society of Trust and Estate Practitioners of Canada (STEP), and Co-Chairs the five day intensive Will, Estate and Trust Fundamentals course sponsored by the Canadian Bar Association. It is….

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Estate Administration, Executors, Family Conflict, Trustee, Wills
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