A recent Canada Revenue Technical Interpretation confirmed that the tax owed by an estate should first be recovered from the named beneficiaries of the deceased registered plans…..
Tax Liability of a Deceased Taxpayer Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Liability, TrusteeIn the past few blogs I have been focussing on circumstances which may mean your estate and Will planning requires some added attention. In my blog from March 30, 2011 I listed some of those circumstances. The one I’m focussing on today happens to be one that is prevalent in about 50% or more of all family circumstances. It involves the situation of being in a second relationship coupled with the blended family. This isn’t the “Leave it to Beaver” family. Rather, it’s the family in the image of “The Brady Bunch”. ….
Will Planning – no simple task… Part 5 Continue Reading »
Estate PlanningAs professionals, we need to be alert to signs of incapacity in our clients, and we need to remember that some barriers to communication may look like signs of incapacity…..
Red Flags for Incapacity Continue Reading »
Capacity Law, Elder Law, Estate PlanningThere is no global test for capacity. Capacity is a task specific concept. The threshold capacity for making a Will is not necessarily the same as may be required for managing a simple bank account or for providing investment instructions in respect of a multi-million dollar portfolio. What should we be looking for when dealing with older clients wishing to prepare a Will?….
Coffee, Bicycle, Purse Continue Reading »
Capacity Law, Estate Planning, U.S. Citizen, United States, US TaxesIn Newell v. Newell (2011 ONSC 3228), the court awarded full indemnity costs to both parties to a guardianship dispute, despite the fact that neither party was wholly successful and the application and cross- application had become moot as a result of the death of the incapable mother…..
Newell v. Newell: Full Indemnity Costs Awarded to Both Parties Continue Reading »
Capacity Law, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes