Estate Administration

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You Wear the Executor Hat First

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It’s not easy being an Estate Trustee and a beneficiary. However, an Estate Trustee must be ever mindful that she wears the executor “hat” first. In other words, the duties an Estate Trustee owes to the beneficiaries must come before the Estate Trustee’s own interests. Otherwise an Estate Trustee will be at risk of breaching her fiduciary duties and, at the end of the day, may not be entitled to….

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Compensation, Estate Administration, Trustee Compensation

Now Updating…Do Not Give Up Before All Revisions Are Complete

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Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP, in collaboration with Jessica Butler, Law Clerk at Fasken LLP. As we move into fall and the corresponding back to school (or office) routines, we in estates administration have a further revision to our primary “textbook.”  The latest update to the CSD Estates Procedures Manual (the “Manual”)[i] is now available. This Manual, which used to be published once….

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Estate Administration, Estate Administration and Probate Applications, Executors

Intestacy and Removing an Estate Trustee

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In Letourneau v Summers, the court examined the factors required to remove an estate trustee when there is an intestacy. The Applicant was the 82-year-old mother of the Deceased. She was the sole beneficiary of the Deceased’s Estate.  The Respondent was the Deceased’s brother and the Applicant’s son. The Respondent’s appointment as the estate trustee without a will was originally on consent but the Applicant quickly became disillusioned with her son’s administration….

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Estate Administration, Estate Litigation

Principal residence – deceased vs. estate

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The over-heating of the housing market that started in 2021 is starting to slowly cool off as a result of rising interest rates. This cooling of the over-heated housing market has given rise to a potential scenario that was originally addressed by the Canada Revenue Agency (CRA) in a technical interpretation issued in January of 2009[1]. The potential scenario exists when a decedent is deemed to have disposed of their….

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Estate Administration, Real Estate, Tax Issues

Illiquid Assets and Estate Donations

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Tax relief for an estate donation cannot be claimed until the property is transferred to a charity.  No tax receipt; no tax credits.  If the distribution is after 60 months after death of the donor there is no tax receipt at all.  But what if the estate has illiquid assets that can’t easily be monetized, but may, possibly, be transferred in-kind to a charity? Extended claim period Formally, the tax….

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Estate Administration, Estate Donations, Estate Planning, Philanthropy/Charitable Giving

You’re not my mother!

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A child’s relationship with their parents is complicated. If a child is in extended society care, previously known as being a Crown ward, that’s probably an understatement. But what happens in the unfortunate situation that a child under society care passes away? Nobody likes to contemplate the death of a child, but it raises all kinds of logistical questions. For one, who has the right to make burial arrangements for….

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Estate Administration, Family Conflict, Funeral Planning
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