Love is in the Air – Or is it Separation?

• • 0 Comments
Couple forced to marriage by judge

This blog post was written by: Diana Leopardi, Estate and Trust Consultant, Scotiatrust Montreal Love is in the air…You may now kiss the bride; these are a couple of popular phrases often used in romantic movies but what about The Hangover movie what if your client woke up one morning only to discover that they were married and duties and responsibilities of married couples were bestowed upon them…what to do?….

Love is in the Air – Or is it Separation? Continue Reading »

Family Conflict, Separation, Spouse

To Be or Not to Be a Spouse: A Follow-Up on Enns V The King

• • 1 Comment

Maddi Thomas, associate, and Donya Ashnaei, articling student, Gowling WLG (Canada) LLP Background I wrote a blog post on Enns v the King, 2023 TCC 28, last year. This case was significant for estate planners, as the ruling extended the Canada Revenue Agency’s (“CRA”) reach under section 160 of the Income Tax Act (the “Act”). A little over a week ago, the Federal Court of Appeal (“FCA”) overturned the TCC’s….

To Be or Not to Be a Spouse: A Follow-Up on Enns V The King Continue Reading »

Appeals, Spouse, Succession Planning, Tax Issues

When Inheritance Divides: The Strain of Sibling Disputes Over Estate Debts

• • 0 Comments

This blog post was written by Mohena Singh, Associate at Fasken LLP. An important question a person has to answer when planning their estate is, “who will be the estate trustee?” Sometimes this decision is taken lightly or a person may gravitate towards an obvious answer – “my spouse” or “my children”. What may seem like an easy decision can become costly and delay the administration of the estate if….

When Inheritance Divides: The Strain of Sibling Disputes Over Estate Debts Continue Reading »

Estate Administration, Family Conflict, Trustee, Trustee Disputes

Key Considerations When Drafting a Will with International Assets

• • 1 Comment

If you have clients with assets outside Canada, they likely look to you for guidance to support drafting of testamentary documents. In a previous article we explored the considerations that should be kept in mind when assets are owned outside of Quebec, within Canada – given the civil law and common law differences. However, even if the testator has assets in multiple common law or civil law jurisdictions, estate and….

Key Considerations When Drafting a Will with International Assets Continue Reading »

Estate Planning, Executors, International, Property, Real Estate

• • 0 Comments

In Care of Yvette Poirier v. Estate of Paul Poirier, 2025 ONSC 0482, the Court considered an application to set aside the conveyance of a home from a mother to her son , on the basis that the mother lacked capacity and was subject to undue influence. In an unusual set of facts, the daughter who sought to set aside the conveyance had originally agreed to the transfer in question….

Continue Reading »

Uncategorized

The Foreign Corporation on Death – Where Do We Start?

• • 0 Comments
A hand holds a red puzzle piece over grey pieces on a table.

When an entrepreneur dies owning shares or an interest in a foreign corporation, the executor is faced with a challenging situation.  An estate with ownership or an interest in a foreign corporation raises specific and complex tax rules that leave the executor and family members hoping the deceased has a well-organized tax and estate plan in place. Where to start? The executor needs to be proactive. First, it needs to….

The Foreign Corporation on Death – Where Do We Start? Continue Reading »

Estate Administration, Estate Planning, Executors, International, Tax Issues
Scroll to Top