We’ve all heard of contempt of court, a common fixture in many courtroom dramas and law-related TV shows. In reality, civil contempt of court is quite uncommon, arising only on occasion during contentious litigation. In the estates context, contempt of court is most often linked to a party’s refusal to account for, release or transfer funds as directed by the court. For a litigant, it can be very disheartening to….
Contempt of Court Continue Reading »
Courts, Estate LitigationThis blog has been written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto I seem to keep bumping into quotes that remind me that life is simple, but people are complicated. There are perhaps many ingredients to this complexity. Culture is one of them. Last week, I presented at a conference as part of a panel on cross-cultural considerations in estate planning. The conference was outside of Canada; nevertheless,….
Life is Simple. People are Complicated, including by Culture. Continue Reading »
Business Succession Planning, Estate Planning, Tax Issues
Our lives were upended a few years ago by the pandemic, and things since then have been anything but typical. From elevated inflation to skyrocketing interest rates, our expectations for the future and our perceptions of what is normal have been challenged. The word “unprecedented” may be overused, but it does articulate the point that we never know what might happen with our daily lives or our financial situations. That….
When a Financial Plan meets an Estate Plan Continue Reading »
Estate Planning, Investments[caption id="attachment_20630" align="aligncenter" width="333"] Richard Serra, Band, 2006[/caption] The headline is not intended to scare you off. Admittedly, governance is a notoriously dull topic, made worse by the enthusiasm of governance wonks. Charity governance is rarely a matter considered, at least overtly, by an estate donor when planning a gift by will. But strong governance is essential to good charities. Governance helps determine the current and future health of a charity. Will….
Charity Governance and Estate Donations Continue Reading »
Estate Donations, Philanthropy/Charitable Giving, Uncategorized
In Estate of Sydney Monteith v. Monteith, the court declined to award a share of the Deceased’s estate to his foster sister. Sydney (the “Deceased”) died on March 16, 2022. He left no Will. He had no spouse or issue and was predeceased by both his adoptive parents. Pursuant to s.47(4) of the Succession Law Reform Act (“SLRA”), Sydney’s estate would be distributed equally among his surviving siblings and/or the….
Is a Foster Child Entitled to Take Under an Intestacy? Continue Reading »
Estate Administration
Gwenyth Stadig, Associate and Upama Poudyal, Articling Student – Gowling WLG (Canada) LLP An increasing number of Canadian taxpayers are interested in giving pieces of art to charities or other qualified donees as part of their estate plans. Some of these Canadian taxpayers are choosing to make decisions to give such art during their lifetimes, while others are setting down a plan for their gifts of art to occur at….
Tax Considerations for Gifts of Art in Canada Continue Reading »
Charitable Giving, Estate Donations, Estate Planning, Uncategorized, valuation, Wills