Gifts from RRIFs

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I get regular inquiries about donating funds from registered retirement income funds or RRIFs. The value of RRIFs has grown through careful saving and market gains, and these funds may represent surplus wealth. Some RRIF holders resent the requirement to take steadily increasing annual withdrawals from their RRIF. Add a dash of altruism and the idea of donating RRIF property arises. The Basics There are a couple of factors to….

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Philanthropy/Charitable Giving

You’ve been served!

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The Originating Process One of the first steps taken in any court procedure is service of the originating process. Whether the procedure is by action or application, service of the originating process puts parties and others who may be affected by the outcome on notice that a legal proceeding has started. In estate litigation there may be a number of parties who need to be served at the outset of….

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Estate Litigation

Tax Implications and Considerations involving the Death of a Shareholder of a Private Corporation

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Today’s blog was written by Pritika Deepak, Associate at Fasken LLP This is the last part of a three-part blog series which provides a broad overview of some of the tax implications to consider, with respect to certain assets held at death. Part I, which addresses RRSPs can be found here: https://allaboutestates.ca/what-happens-when-a-taxpayer-dies-with-a-registered-retirement-savings-plan/ and Part II, which addresses exempt Life Insurance Policies can be found here: https://allaboutestates.ca/tax-implications-for-exempt-life-insurance-policies/. Part III of this….

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Estate Administration, Estate Planning, Tax Issues, Uncategorized, Wills

When Families Collide with Constructive Trusts

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Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….

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Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust

Seeking disclosure of a lawyer’s file to prove substantial compliance

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White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in January of 2022. In this case, the Applicant sought an order for the production of the file of the drafting….

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Contested wills, Estate Litigation, Executors, Wills
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