Estate Administration

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Estates Law and Privacy Law: An Incomplete Intersection (Part III)

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This is the third and final entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II examined significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to be compliant with privacy law requirements. The previous two entries….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Property

Leaving a Lasting Impression and Making a Difference

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. When a celebrity dies, outside of the cause of death, it seems the first thing that is reported is what their net worth was at the time of their death and what is being left to family. Recently, Marie Osmond made headlines when she announced that….

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Estate Administration, Estate Donations, Estate Planning, Family Conflict

Actions Have Consequences – They May Sever Joint Tenancy

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Leaving aside other means of severance, including that which occurs on bankruptcy or by judicial sale, there are three main ways to sever a joint tenancy: Unilaterally acting on one’s own share, such as selling or encumbering it; A mutual agreement between the co-owners to sever the joint tenancy; and Any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse

Estates Law and Privacy Law: An Incomplete Intersection (Part II)

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This is the second entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to be compliant with privacy law requirements. The previous entry in this….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Succession Planning, Trustee, Uncategorized, United States, Wills

Enduring POAs and Gathering Bank Accounts

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This blog was written by Suzanne Singh A Power of Attorney is a document that can bestow a wide range of powers to a named party or parties (the Attorney) by an individual (the Donor). POAs may be special or limited in their scope, or enduring in nature where they continue beyond the mental incapacity of the Donor. This blog deals with enduring POAs where the Donor can no longer….

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Estate Administration, Power of Attorney

HOME BUYER’S PLAN AND TAX CREDITS AFTER THE DEATH OF A SPOUSE

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During her marriage, a spouse inhabited a home wholly owned by her husband. He passed away and the house became an asset of the estate. Subsequent to her husband’s passing, the spouse purchased a new property. She had not re-married or entered into any common law partnership. Is the spouse (taxpayer) be eligible for the home buyers plan and the first-time home buyers’ tax credit? In a recent technical interpretation….

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Canada Revenue Agency, Estate Administration, Investments, Joint Tenancy, Real Estate, Tax Issues, Uncategorized
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