Estate Administration

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Probate and the Humans Rights Tribunal of Ontario

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On June 29, 2019, the Human Rights Tribunal of Ontario (the “HRTO”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. My colleague, Jacob Kaufman, blogged about a previous and related HRTO 2017 case which required that a certificate of appointment of estate trustee (probate) be obtained – both where there is and is not a will – in order….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

INCOME RECEIVED AFTER DEATH

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Recently, the Canada Revenue Agency released a technical interpretation to clarify the commentary in the T4001 Employer’s Guide – Payroll deductions and Remittances, and the T4011 guide, Preparing Returns for Deceased Persons, in respect of income payable at death but not actually paid until the subsequent year. The CRA confirmed that income payable should only be included in the T4 for the year in which it was actually paid, which….

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Canada Revenue Agency, Estate Administration, Estate Planning, Tax Issues, Uncategorized

The STEP Annual Conference

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This blog was written by Teresa Acs – Director, Professional Development & Process Excellence I had the pleasure of participating at last week’s Society of Estate and Trust Practitioners (STEP) Canada Conference. Each year, the conference attendance surpasses the year before, speaking to both the quality and importance of this event. The STEP conference attracts those practicing in the estate and trust field; lawyers, accountants, service providers and Trust Companies. ….

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Estate Administration, Interest, Practice Management, Succession Planning, Uncategorized

You Better Think (Think)…About the Estate Planning Process

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This blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however, was a will. Or so we thought. For months, it was believed that the Queen of Soul died intestate, going….

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Contested wills, Estate Administration, Estate Litigation, Family Conflict, In the News, Wills

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

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On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal…..

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, In the News, Wills

Finally, A Nice Passing of Accounts

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Passings of accounts can often be bitter and vicious. However, the case of Daniel Estate (Re), 2019 ONSC 2790 was a welcome “good news” alternative to the standard slugfest. Linda and Ted cared for their elderly neighbours Isabel and Wayne for over two decades. The court noted that their relationship was akin to that of “loyal and dutiful family members.” Isabel and Wayne’s daughter had passed away and they had….

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Attorney Compensation, Compensation, Estate Administration, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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