Estate Administration

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Estate Trustee Removed for Conflict of Interest

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A recent New Brunswick case provides a thoughtful analysis on the removal of estate trustees (referred to as Estate Administrators in New Brunswick). In his will, the testator had named his sister as his estate trustee.  The beneficiaries of his estate were his two children and his brother, Yves.  However, the deceased’s ex-wife, Theresa, objected to the appointment of the estate trustee and the estate trustee renounced before probate was….

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Estate Administration

LIFE INSURANCE IN THE COVID-19 ERA

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As someone who has been around the life insurance industry in a professional and personal capacity for several decades, I am always curious about what motivates people to buy or not buy life insurance. I understand that few people spend time thinking about the consequences of low-probability events and are therefore disinclined to consider the need for life insurance. I would have thought the COVID-19 pandemic would increase public awareness….

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Business Succession Planning, Estate Administration, Estate Planning, Funeral Planning, In the News, Insurance, Investments, Property, Tax Issues, Uncategorized

Unclaimed Bodies and Setting Things Right

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Unhappily, it is not uncommon for family members to be at loggerheads as to who controls the body of a loved one and whether the body should be cremated or buried. I previously blogged on the 2018 case Miller v. Miller, a decision by Justice Myers of the ONSC, which dealt with this issue. In summary, the estate trustee has the authority to make funeral and burial arrangements. Nevertheless, fights….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Funeral Planning

TFSA’s and Survivor Payments: Impact of Fair Market Value.

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In this space, sometime ago, a fellow blogger wrote about how survivor payments made out of a deceased’s tax free savings account (TFSA)  to the deceased’s spouse TFSA would qualify as an “exempt contribution” (i.e. the contribution room in the surviving spouse’s TFSA would not be affected by the addition of these funds), even if the spouse was not designated beneficiary of the TFSA. What are the implications to the….

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Canada Revenue Agency, Estate Administration, Investments, Property, Tax Issues, Uncategorized, Wills

Locating Unknown or Missing Heirs to an Estate

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How should an estate trustee proceed when they cannot identify or locate all of the heirs to an estate? In some cases, a challenge arises where a will does not identify the beneficiaries by name, but by class or some other description. For example, a will may leave the residue of the estate to the testator’s “nieces and nephews” without specifically naming them. Where a deceased died without a will,….

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Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict

ON A PAPER NAPKIN, DID YOU SAY?

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The Queen’s Bench for Saskatchewan was recently asked (in the case of Gust vs. Langan et al., 2020 SKQB 42) whether a will handwritten on a paper napkin created by the deceased sometime before his death met the requirements of being a valid will under the relevant Act to permit it to be accepted as a valid holograph will.  The Court had to decide whether the will met the test….

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Contested wills, Courts, Estate Administration, Estate Litigation, Family Conflict, Property, Wills
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