Estate Administration

Total 516 Posts

Look Out: The New Trust Reporting Rules Are Almost Here

As we head in to the Fall of 2020, we are quickly approaching the new trust reporting requirements. The new trust reporting rules come into effect with taxation years ending after Dec. 30, 2021.As a reminder to administrators, if a trust continues to be in place past Dec. 31, 2020, the trust will need to comply with the new reporting rules and the trust administrators must provide the following additional….

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Canada Revenue Agency, Estate Administration, Executors, In the News, Practice Management, Tax Issues, Trustee, Trusts, Uncategorized

What Makes a Marriage?

Each province in Canada establishes its own rules regarding the distribution of property where a person dies without a will. In Ontario, intestate succession is governed by Part II of the Succession Law Reform Act (the “SLRA”). Inheritance on intestacy is limited to married spouses and blood relations. If a person dies with a common law spouse, the spouse must commence a claim for dependant support pursuant to Part V….

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

You’ve Got Mail – Part One

Learning that a loved one or friend who has passed away has left a gift for you in their Will, can be expected or in some cases, it can come as a surprise.  You may be entitled to either (i) a legacy which can be in the form of a specific gift of personal property (i.e. a car, painting, jewellery), a gift of cash from a specified source (i.e. TFSA….

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Estate Administration, Estate Administration and Probate Applications, Wills

Cats, the T.S. Eliot Estate and the Gift that May Save the Brontes’ House

Earlier this year, my colleague Justin de Vries blogged about the post-mortem release of dueling love letters from T.S. Eliot and his friend/inamorata Emily Hale. However, there is now a happier news story regarding the impact of Mr. Eliot from beyond the grave. The Bronte Parsonage, in England, is a museum of the family home of the Bronte sisters that usually attracts 70,000 visitors per year. Due to the restrictions….

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Charitable Giving, Estate Administration, Estate Donations, In the News

You Can’t Always Get What You Want, But … You Get What You Need

In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a  decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until other issues were resolved and sought costs. Neither party was successful. Background Françoise Poitras died on March 6, 2016. Interestingly,….

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Contested wills, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts

Multiple Wills Across Civil and Common-Law Systems; Estate Planning That Provides An Advantage To Clients Who Hold Assets In Ontario And Quebec

If structuring an estate plan across different Canadian jurisdictions didn’t raise enough considerations for an estate planner, add a different legal system to the mix, namely, Quebec’s civil law.  This post focuses on the estate-planning advantages available to clients who hold assets both in Ontario and Quebec, specifically the advantage of probate planning using multiple wills. Quebec Wills In contrast to Ontario, which has four types of wills under Ontario’s….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Probate Tax, Wills
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