In estate litigation, especially in cases where the litigation has been prolonged for an extended period of time and the file has accumulated hours upon hours of manpower, costs can be (and often are) a contentious issue between the parties. There are a few different ways in which costs may be dealt with, such as: costs being awarded out of the estate to one or both of the parties, an….
When will Elevated Costs be Awarded? Continue Reading »
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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. With the colder months approaching, it’s the time of year when people start considering (or re-considering) their estate plan. But when it comes time to sit down and make a Will, people can often become overwhelmed by the complexity of the process. A lot goes into an estate plan that the average person may not consider at the….
A Will in every Port The laws of succession, probate, and property differ from country to country, state to state and jurisdiction to jurisdiction. As such, a prudent testator should consider having a Will in every jurisdiction where they own property. Certainly, there are methods by which a domestic Will can be used to handle foreign assets (or the other way around) through ancillary probate processes however, this can be….
The International Estate Plan Continue Reading »
Estate Administration and Probate Applications, Estate Planning, Executors
A recent case confirmed that estate trustees representing an estate in litigation must have a lawyer unless the court dispenses with that requirement. In Scarangella v. Oakville Trafalgar Memorial Hospital, Ms. Scarangella commenced a medical negligence action as a claimant under the Family Law Act and as the estate trustee on behalf of her late partner’s estate. As she was self-represented, she brought a motion seeking leave to act on….
Lawyer Representation in Estate Litigation Continue Reading »
Estate Litigation
One of the responsibilities of an executor is to deal with the final tax return of the deceased and file the tax returns for the estate. Most tax deadlines are statutory (established in the Income Tax Act) therefore, they are non-negotiable. The executor should consult a tax advisor early to learn of all tax deadlines relevant to the estate. The following will provide some guidance: Final T1 of the Deceased:….
Key Tax Deadlines for Estates Matters Continue Reading »
Estate Administration, Executors, Tax Issues, US Taxes
Crisp, cool mornings and warm afternoons mean Autumn is here. Rosh Hashanah began last week, and Thanksgiving weekend is coming soon. It’s a time for friends and family to give thanks. It’s also the perfect time for families with older adults to consider pressing ‘The Plan Button.’ It could be time to start, re-open, or continue family elder planning conversations. And we know it’s not always easy. You may have….
Insights to Make an Elder Planning Conversation Easier Continue Reading »
Elder Management, Smart Ageing