Trustees holding title to real property jointly with right of survivorship should make estate succession efficient and inexpensive. But recent changes implemented by the Director of Land Titles are challenging that notion…..
Trustees Holding Title to Real Property: It Used to be Simpler Continue Reading »
Cottage, Estate Planning, Fiduciary Professions, Joint Tenancy, Property, Real Estate, Succession Planning, Trustee, Trusts
This past week, Canada took another step forward to address fundamental changes in access to services for mental health. The 988 Suicide Crisis Hotline went live to provide immediate contact and support services for those in a mental health crisis. Calling or texting 988 gives anyone free twenty-four access to emergency suicide prevention services across all provinces and territories. The 988 Suicide Crisis Hotline Is a Start, But Transformational Change….
Mental Health is Health: 988 Suicide Crisis Hotline Goes Live Continue Reading »
Elder Care, Elder Management, Geriatric Care Management, Grief, Healthcare, In the NewsLawPro recently released its report concerning Wills and estates malpractice claims as of the end of 2022. As we approach the busy year end, I thought it would be helpful to remind practitioners of the most common errors and some risk management tips in that regard. Interestingly (and perhaps somewhat surprisingly), most issues stem from things at occur before or at the initial client meeting. Things that contribute to problems….
Avoid Becoming Part of a Statistic Continue Reading »
Estate Planning, Liability, Uncategorized, Wills
As the holiday season approaches, our thoughts naturally turn to gift-giving, festive gatherings, and the joy of spending time with loved ones. Amidst the holiday cheer, it is important to recognize the profound gift of peace of mind that comes with a well-considered estate and trust plan. While estate planning may feel like a weighty or taboo subject, the holidays offer an opportune moment to broach the subject and….
The Gift of Peace of Mind: Estate Planning during the Holiday Season Continue Reading »
Uncategorized, Wills
In Fanelli v. Fanelli-Bruno, 2023 ONSC 6501, Justice Myers provided clear direction on the principle of proportionality in litigation, and the ways in which it can influence a decision on costs. The decision The estate of Ms. Lina Fanelli, the mother of the Applicant and Respondent, was the subject of the recent Fanelli decision, which was released earlier this month. Approximately one year before her death, Ms. Fanelli drafted….
Proportionality and costs awards Continue Reading »
Contested wills, Costs, Estate Litigation, Undue influence, Wills
When trustees distribute income of a trust to a non-resident beneficiary, they must be mindful of potential Canadian tax implications. Part XIII tax is a tax withheld at source when income is paid to a non-resident. For Canadian trust and estate purposes, Part XIII requires a non-resident beneficiary to pay tax on certain amounts that a Canadian trust or estate pays or credits (or is deemed to pay or credit)….
Non-Resident Beneficiary and Part XIII Withholding Tax – Trustee Beware Continue Reading »
Tax Issues, Trustee, Trusts