Estate Administration

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Removal of Executor/Estate Trustee for Perceived Conflict of Interest

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Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1]  In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly interfere with a testator’s choice of executor/estate trustee.  When the court is asked to remove an executor/estate trustee, it will….

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Estate Administration, Estate Litigation, Executors, Trustee, Trustee Disputes, Wills

Valuing Estate Assets – A Hierarchy of Evidence

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Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate assets properly is important – it may impact estate tax, the deceased’s personal taxes, and the sale price of the….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Probate Tax, Property, Real Estate, Tax Issues, Trustee, Trustee Disputes

Can You Preserve Your Tattoos After Your Death?

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Introduction Last year, I wrote a blog post about estate planning for tattoo artists, which focused primarily on the intellectual property rights of tattoo artists in their tattoo designs and the ways in which such rights conflict with the rights of the people who actually bear such designs on their skin.[1] In response to my post, I received an interesting article about the developing technique of post-death tattoo preservation.[2] The….

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Estate Administration, Estate Donations, Estate Planning, Executors, Family Conflict, Funeral Planning, In the News, Trustee

Estate Planning Lessons from “The Dutch House”

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The Dutch House, by Ann Patchett, is an excellent read. However, for those in the estate planning profession, it is also a reflection on what goes wrong when insufficient or no estate planning occurs…..

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Business Succession Planning, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Fiduciary Professions, In the News, Small Business, Spouse, Succession Planning

Legislative Amendments Proposed in Light of Calmusky

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On March 16, 2020, the Superior Court of Ontario released its decision in Calmusky v Calmusky. In Calmusky, the Court applied the presumption of resulting trust to a RIF that was designated to a particular beneficiary. The beneficiary was unable to rebut the presumption, and the Court ordered that funds from the RIF were to be paid to the estate. For a more detailed discussion on Calmusky, see Demetre Vasilounis’….

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Contested wills, Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, Investments, Joint Tenancy, Resulting Trust, Trusts

Does the Estate Trustee Always Participate in Estate Litigation?

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One of the duties of an estate trustee is to respond to litigation brought against the estate. The estate trustee is also the only person with the authority to start litigation on behalf of the estate. Because estates are not legal entities such as corporations, the party to the litigation is the estate trustee, not the estate. If the estate is named as a party to the litigation, the title….

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Dependant Support, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Spouse, Trustee, Trustee Disputes
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