At long last, cottage season is upon us. As I gaze longingly out my window at the construction of what looks like an awesome rooftop patio in the making, I thought it would be fitting to write about a cottage dispute.[1] A really, really expensive cottage dispute. The background was as follows. The mother, Grace, made a will in 2010 leaving her condo to her daughter Barbara and her cottage….
Other bloggers have written in this forum on matters related to the tax liability of the deceased – how the liability is determined, when the payment is due, how to minimize the liability and on. Another decision to be made by the trustee is to determine how to fund the payment once the amount has been crystallized.
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Managing the 2015 tax year liability and when to make the payment Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Real Estate, Tax IssuesSaturday’s Toronto Star featured an article on a marriage “predator”. The article tells the sad story of an 89 year old man – Charlie – who married a 65 year old woman – Galina – because she promised to look after him and ensure he’d never have to move to a nursing home. They essentially struck a deal: caretaking in exchange for a mention in the Will. Charlie was not….
What happens when you put a ring on it? Continue Reading »
Elder Law, Estate PlanningSection 9 of the Ontario Estates Administration Act (“EAA”) is often referred to as the “automatic vesting” provision, since it provides for the automatic vesting of real property in certain circumstances. Specifically, subsection 9(1) provides that real property that is not “disposed of, conveyed to, divided or distributed” among the persons beneficially entitled to such real property within 3 years of the date of death automatically vests in the beneficiaries….
AUTOMATIC-ISH VESTING OF REAL PROPERTY Continue Reading »
Estate PlanningHave you heard of a ‘hospitalist’? If not, next time you are in the hospital or advocating for a loved one in the hospital, this may be the doctor who you see…..
A few doctors you may want to get to know Continue Reading »
Disability, Elder CareThe Divisional Court recently released its decision in Dagg v. Cameron Estate (the trial decision was previously discussed on this blog here). In brief, the appellant Anastasia Cameron married the deceased, Stephen Cameron, in 2003. They had two children. Stephen took out a life insurance policy in 2010 and named Anastasia as the beneficiary. The couple separated in 2012. Stephen began a relationship with the respondent Evangeline Dagg. Divorce proceedings….
Divisional Court agrees life insurance policy part of estate Continue Reading »
Dependant Support, Estate Litigation, Succession Planning