Estate Administration

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Estate Trustee Compensation – Discretionary Factors

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Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

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Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

Anything New with Passing of Accounts?

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Much has been written about the significant changes to the Ontario court probate forms and processes that came into effect on January 1, 2022, and more recently the July 1, 2022 amendments.  But, is there anything new with passing of accounts? Surprisingly, there have been no changes to the court rules and forms regarding passing of accounts since January 1, 2016.[1]  You may recall some of the 2016 changes, which….

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Estate Administration

Estate Donations: Six Years Later

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The 2016 introduction of the Graduated Rate Estate (GRE) regime was accompanied by the “estate donations” rules. These Income Tax Act provisions altered the administrative and tax treatment of gifts by will, as well as direct designation gifts of life insurance, RRSP/RRIFs, and TFSAs.   How are charities and executors managing with these rules six and a half years later? I’d say the experience is mixed. Estate Donation Features Let me….

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

What If… Black Panther Made a Will? – Lessons in Ensuring Your Common-Law Spouse Inherits if You Die Without a Will

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Chadwick Boseman’s death came as a surprise to the world when he passed away in August 2020, at age 43 from colon cancer.  Chadwick was best known for his role in Black Panther – the first superhero movie to ever be nominated for  “Best Picture” among five other awards at the Oscars in 2019. Fans were shocked to….

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Estate Administration, Estate Litigation, Estate Planning, Executors, In the News, Wills

Who is a “Spouse”?

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A ‘Playboy’ Millionaire’s Legacy The estate litigation of dismembered multi-millionaire Gang Yuan has once again made headlines. Last Friday, the British Columbia Court of Appeal denied leave to appeal by one of five mothers to his children who sought to establish that she was a “spouse” to Mr. Yuan. Mr. Yuan came to Canada in 2007. The ‘playboy’ millionaire fathered 5 children with 5 mothers, while romantically engaging as many….

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Estate Administration, Estate Litigation, In the News, Uncategorized

Eighteen (18) – Capacity to Make a Will, but will you?

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This blog has been co-written by Sandra Arsenault, Law Clerk at Fasken LLP and Kassandra Douglas, Durham College Law Clerk Co-op Student at Fasken LLP At 18 years of age, you are allowed to vote in Canada, and chances are, you have had exposure to politics growing up. You likely have some knowledge of how to vote and what to base your vote on. But did you know, at 18,….

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Estate Administration, Estate Planning, Executors, Wills
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