My fellow bloggers and I have written in the past about the ins and outs of legitimate probate fee avoidance arrangements available to a testator. These arrangements include an intervivos transfer of assets such as alter-ego trusts. Care and advice must be taken to ensure that the transfer of assets qualify for tax deferral under the Income Tax Act (“ITA”) to avoid the triggering of income taxes. Recently the Canada….

The judgment in Miles v. Vince[1] was issued recently by the British Columbia Court of Appeal and is a reminder of the strict duties trustees face in selecting investments. The case centred around the investments of two trusts, referred to in the judgment as the Family Trust and the Insurance Trust. The Family Trust was established by the deceased before his death and held shares in three private companies, each….

Labour Day is a back to school time and for me this translates into the time to start new projects and a time to take stock of current events so as to be able to plan ahead with anticipation. The September 1, 2014 Globe and Mail Editorial and Comment page provided three very interesting essays. The first essay is on Mortality written by Konrad Yakubuski and discusses ‘the right to….

On October 1 the new Rules of Professional Conduct come into effect. As well as rule changes affecting the practice of law generally, there are also specific rule changes relevant to lawyers practising estates and trusts. The new rule 3.4-37 requires a lawyer who drafts a will containing a clause requiring the drafting lawyer to be retained by the trustees to assist with the administration to provide the trustees with….

A recent judgment from the Ontario Superior Court of Justice (Moore v Getahun, 2014 ONSC 237) has opined on the long-time practice whereby experts submit a draft report to counsel for review.  The court referenced Rule 53.03 of the Rules of Civil Procedure, which is designed to ensure that the expert’s first duty is to the court. No matter who retained the expert, he/she must be objective and not take….

The recent Ontario Superior Court case of Moody v Hirsh explores the issue of when a plaintiff is able to trace the money he or she paid to a defendant into the defendant’s own property. The decision demonstrates that the circumstances in which a court will make an order imposing a constructive trust over the defendant’s property before the resolution of the claim are limited. The trustees of the Moody….