Estate Trustees Ordered to Not Use Estate Assets to Fund Litigation

In a recent will challenge case, the court ruled that the estate trustees during litigation could not access estate funds to pay their legal fees. The testator (“Hans”) and his late wife (“Colleen”) married in 1987.  Together, they had 7 children from their previous marriages. In 2005, Hans and Colleen made wills in which their respective estate would be gifted to the surviving spouse and upon the death of the….

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Estate Litigation, Wills

And who shall I say is calling?

Reposted:  Most of us avoid talking about death, but in reality many of us think about it regularly. None of us know what the future brings but death is a certainty. We just don’t know when and how. The Jewish New Year (Rosh Hashanah) was recently celebrated, closely followed by the 10 days of Awe leading to Yom Kippur, the Day of Atonement, which  is today.  It is the time….

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Elder Care

The Price is…Dependant Relief?

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP TV legend Bob Barker passed away on August 26, 2023 at the age of 99 – just 4 months shy of his 100th birthday.  Bob was probably most well known for being the legendary host of the long-running game show The Price is Right (and, like me, you may also have the image of Bob’s right hook….

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Charitable Giving, Dependant Support, Estate Administration, Estate Planning

AMT and Donations

Changes to the Alternative Minimum Tax (AMT) rates and rules are scheduled to take effect on January 1, 2024.  For the first time AMT will apply to charitable donations from high-income individuals, which is worrying for charities and donors. Simply, targeting donations is poor tax policy that will produce unintended community harm. There is now a wealth of information on these changes from the charitable and planning community. I have….

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Philanthropy/Charitable Giving

Can a Revoked Will Be Revived by a Holograph? 

In Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Court considered whether the new, curative provision under s.21.1(1) of the Succession Law Reform Act  (“SLRA”) was available to revive a Will revoked by a subsequent marriage. Facts:  Harold Franklin Campbell died on June 11, 2020. He was survived by his two children of his first marriage, Christopher and Lisa, and his second wife, Carol. Following the death of his….

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Uncategorized

Navigating Elder Management Part 2: Dispute Prevention

Old family photos are pegged to a string with a white sheet background.

This article is a companion to my previous blog post, Navigating Elder Management: Common Sibling and Stepsibling Disputes. Exploring the source of common disputes in elder management is important. Even more important is to look at strategies that may prevent them in the first place. A decade ago, the popular press seldom covered news on comprehensive estate planning or the challenges of caring for elderly family members. Wealth managers and….

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Elder Management, Estate Planning, Family Conflict
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