Brittany Sud

Tidbits from the CRA

• • 0 Comments

Earlier this week I had the pleasure of attending STEP Canada’s 19th National Conference, where I, along with over 700 other trust and estates professionals from across Canada, had the opportunity to hear from engaging and thought-provoking speakers on a diverse range of trust and estates topics. One of the plenary sessions every year at the Conference, which attendees particularly anticipate, is the STEP Canada/CRA Round Table, where senior representatives….

Tidbits from the CRA Continue Reading »

Spouse, Tax Issues, Wills

Separation and Divorce: Implications

• • 0 Comments

Separation and Divorce: Implications[1] In Ontario, there are significant implications when a couple (both common-law and married) separates and when a couple divorces. As more and more couples live in common-law relationships as well as the rate of divorce in this day and age, it is important to consider the following implications.  Separation – Common-Law Partners: Support: For common-law couples, a partner may be able to apply for support if….

Separation and Divorce: Implications Continue Reading »

Separation, Spouse

The Intersection between Family Law and Estates Law

• • 4 Comments

The Family Law Act, R.S.O. 1990, c. F.3 provides that when a spouse dies and the surviving spouse’s net family property[1] is less than the net family property of the deceased spouse, the surviving spouse may elect to take one-half of the difference between the net family property of the deceased spouse and the net family property of the surviving spouse (“equalization”). Will vs. Equalization: The general rule is that….

The Intersection between Family Law and Estates Law Continue Reading »

Estate Planning

Budget 2017 – Ecological Gifts Program

• • 0 Comments

On March 22, 2017 (“Budget Day”), the Federal Government tabled the second budget (“Budget 2017”). While Budget 2017 focuses on building and supporting a strong middle class and economic growth, there are no new tax incentives for the charity and not-for-profit sector. The most significant development to the charity and not-for-profit sector in Budget 2017 is a number of measures to protect the integrity of gifts of ecologically sensitive property….

Budget 2017 – Ecological Gifts Program Continue Reading »

In the News, Tax Issues

Mutual Wills versus Reciprocal Wills

• • 0 Comments

In the Ontario Superior Court decision, Lavoie and Trudel, 2016 ONSC 4141 (“Lavoie and Trudel”), the court was tasked with determining the validity of a will made on December 5, 2007 (the “2007 Will”) by the deceased, Lucien Trudel (“Lucien”), following his wife, Madeleine Denis’ (“Madeleine”) death.  Among the issues concerning the validity of the 2007 Will was whether the wills made on March 30, 1983 (the “1983 Wills”) by….

Mutual Wills versus Reciprocal Wills Continue Reading »

Estate Planning, Wills

When is a Settlement Considered Binding and Enforceable?

•

In the recent decision of Prince v Nytschyk Estate, 2016 ONSC 7459, the Ontario Superior Court of Justice enforced a settlement despite the lack of signed minutes of settlement at the time of death of one of the parties. In this case, Cherie Lewicki (“Cherie”) and Joseph Nytschyk (“Joseph”) were in a common-law relationship for about 15 years, during which time they lived together in a house in Joseph’s name alone. Joseph died intestate (without a Will) in 2013 and Cherie continued to live in the house until her death in 2015. Before her death, Cherie commenced a claim for dependent’s relief against Joseph’s estate. As part of her claim, Cherie sought a declaration that the house was held in trust for her based on a resulting or constructive trust. With the estate’s potentially significant exposure to a dependant’s support claim, the parties agreed to a settlement whereby the house would be transferred to Cherie. However, prior to the completion of any signed minutes of settlement, Cherie unexpectedly died…..

When is a Settlement Considered Binding and Enforceable? Continue Reading »

Contracts, Estate Administration, Estate Litigation, Wills
Scroll to Top