Revisiting the “Granny Trust”

This blog has been written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto The world is ever-changing.  The UK non-domiciliary regime is ending, although with what appear to be potentially helpful tax measures available to new residents for a four-year period.  Certain favourable golden visa programmes in European countries are also ending or otherwise changing.  And Italy just now doubled its flat tax for ex-patriots from €100,000 to €200,000 per….

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Estate Planning, International, Tax Issues, Trusts

Estate Litigants Take Note: Interest on Litigation Loans Are Recoverable

Litigation is not cheap.  Some litigants have little choice but to fund the litigation through loans provided by litigation lending companies.  While litigation loans may be more common in certain practice areas, such as personal injury, it is possible to obtain this type of loan for estate litigation. This is precisely what the applicant did in Drennan v Drennan, 2024 ONSC 3905 (CanLII) (“Drennan”), a recently reported decision of Justice….

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Uncategorized

Update on Dementia Epidemic: Incidence, Prevention, and Care

Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

Cases of dementia are rising at an alarming rate, creating a public health crisis. At some point, most of us will either know someone living with dementia or someone who is caring for a person with the disease. As advisors, we must become proactive and purposeful by learning about dementia and its impact on clients. So, here are the latest research updates on the incidence, prevention, and care of dementia…..

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Capacity Law, Elder Care, Elder Law, Elder Management

Disclaim or Renounce? What’s the difference?

This blog was written by Pritika Deepak, Associate at Fasken.  How often have you heard of people turning down gifts? It may happen on TV but does it happen in reality? Surprisingly, yes. Although uncommon, in an estates context, there may be situations where a beneficiary does not want their gift. There may, for example, be a situation where the gift has conditions which are too difficult to fulfil, or….

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Canada Revenue Agency, Tax Issues, Uncategorized, Wills

A Revisit of Benjamin Orders

When I was in private practice, I almost applied for a Benjamin order on an estate file until I was saved by the Registrar’s record that the sole heir had in fact predeceased the deceased.  The result was one that ended well since the sole niece who had spent a great deal of time and effort caring for the deceased ended up inheriting the entire estate. A Benjamin order comes from Benjamin,….

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Estate Administration, Estate Administration and Probate Applications

Ontario’s Rising Problem of Unclaimed Bodies

There have been a few news articles published in the past year highlighting a growing problem in Ontario – unclaimed bodies. According to a recent Toronto Star article, there were 1,183 unclaimed bodies in Ontario this year. A CBC article reporting on the same issue found that there has been a 170 percent increase in number of unclaimed bodies in Ontario since 2019. The Ontario cities with the highest numbers….

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Funeral Planning, In the News
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