No Second Chance to Replace Estate Trustee

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Has the Court of Appeal written the final chapter in the long-running dispute between Erna and Hilda (two sisters who have been in litigation against each other since 2003)? I previously blogged about the Divisional Court’s ruling on an appeal of a contested passing of accounts regarding Erna’s role as attorney and estate trustee for her parents. Now, the Court of Appeal has dismissed Hilda’s latest appeal. Hilda commenced an action alleging….

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Estate Litigation, Executors

Seasons Greetings & Shortbread

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In my last entry I promised to follow up a discussion on the “30 day survivorship clause” with a talk about the statutory survivorship rules. Inspired by both today’s date and a lovely seasonal ecard I received last week, I decided this less-than-festive topic could wait till the New Year. December 23rd is special to me as it’s the anniversary of my dad’s funeral and of my mom’s death.  As much as….

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Estate Planning

CAN AN EDUCATIONAL ASSISTANCE PAYMENT BE MADE TO A DECEASED PERSON USING THE SIX MONTH Extension PROVISION CONTAINED IN THE INCOME TAX ACT

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Recently, The Canada Revenue Agency (“CRA”) was whether the six month extension for making educational assistance payments (“EAPs”) out of a registered education savings plan (“RESP”) under the appropriate subsection of the Income Tax Act (the “Act”) can apply when the beneficiary under the plan is deceased. The Act stipulates that one of the conditions for the registration of an RESP is that EAPs can only be paid to or….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Investments, RESP, Tax Issues, Trusts

OHH, IT’S BEGINNING TO LOOK A LOT LIKE…YEAR END

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As this is my last blog for the 2015 year, I thought I’d take the opportunity to remind readers who are trustees of a discretionary family trust set up for the benefit of their family (or other persons) (referred to as “a trust”) that it is important they consider and document decisions to distribute income (including realized taxable capital gains) out to a beneficiary prior to December 31st. ….

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Estate Planning
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