The substantial compliance rules in action

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Last summer I wrote a number of blog posts that touched on the then- new “substantial compliance” rules found at Section 21.1 of the Succession Law Reform Act that came into effect at the beginning of 2022. As a quick refresher, the crux of this provision is that the Court has the authority to validate wills and codicils that are invalid due to issues with their form or execution. In….

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Uncategorized

Taxation at Death & Capital Losses

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Advisors understand that on death, a Canadian resident is deemed to dispose of their assets at fair market value, often resulting in capital gains being triggered.  However, in some instances, capital losses may result. The legal representative of the estate should seek tax advice early if capital losses are triggered on death or if the deceased has capital losses from previous tax years.  There may be a strategic opportunity to….

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Estate Planning, Tax Issues

Still Feeling Shook Up – Presley Family Back in the News

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Last year, I wrote about the death of Lisa Marie Presley (“Lisa Marie”) and the resulting court battle between Riley Keough (“Riley”), Lisa Marie’s daughter and Priscilla Presley, Lisa Marie’s mother[1]. Thankfully, that matter was resolved relatively quickly with Priscilla resigning as a trustee of Lisa Marie’s irrevocable trust, The Promenade Trust (the “Trust”) in exchange for (i) $1M lump sum payment, (ii) the right to be buried beside Elvis….

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In the News, Trustee, Uncategorized

Court of Appeal Upholds Purchase Money Resulting Trust Decision

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Ontario’s Court of Appeal (“COA”) recently released a decision clarifying the legal requirements for finding a purchase money resulting trust.  The COA upheld the trial judge’s decision and dismissed the appeal on several grounds. The Appellant sought to appeal the trial judge’s finding that his mother’s estate held a 26% beneficial interest in a property his corporation owned.  In 1980, the Appellant purchased a home for $38,500.  He made a….

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Estate Litigation

APPOINTMENT OF GUARDIAN OUTSIDE OF THE PROVINCE – YAY OR NAY?

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The image depicts a desktop computer with a picture of a broken heart on the screen in a somber atmosphere to describe the theme of romance scams.

Kira Domratchev associate at Gowling WLG (Canada) LLP Just because you reside outside of the province, does not mean that you are unfit to act as guardian of an incapable person, particularly with the benefits of modern technology. In a fairly recent decision in Kierans (Re), 2023 BCSC 1841, the British Columbia Supreme Court, considered two competing petitions seeking committeeship (the equivalent term in Ontario is “guardianship”) of Bernard Kierans….

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Estate Litigation, Guardianship

Insights into Resolving Care Disputes – Part 1

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Managing the care of an older person can be one of the most challenging situations ever undertaken by a family or group of friends. And it is normal for some conflict to arise over the health and personal care needs and the many ways to address those needs. No two caregiving situations are the same. With a rapidly aging population, the number of care disputes is increasing, and professionals across….

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Caregiving, Elder Management, Family Conflict
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