Estate Administration

Total 518 Posts

Status Indians: From an Estate Planner’s Perspective

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This blog was written by Andrew Ashenhurst, TEP – Associate Estate and Trust Consultant with Scotia Wealth Management   A close friend of mine is actively involved in the Aboriginal space from both an economic and social development perspective. In his work he has often reached out to me with respect to Estate/Trust & incapacity planning topics. Through research and educating each other, I’ve learned of some interesting differences that….

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Estate Administration, Power of Attorney, Uncategorized, Wills

When Cash is not King?

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Most people keep their cash in bank accounts. However, to my surprise, some people still don’t, and for estate planning and administration purposes, this can be a real problem. Take the case of Temple v. Peddle, 2019 NLCA 2 in Newfoundland Labrador. Mrs. Peddle kept cash in a safe deposit box under a joint account with Mrs. Peddle’s son Leo, who was ultimately appointed guardian of her estate. Leo claimed….

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Estate Administration, Estate Planning, Executors, Family Conflict, Geriatric Care Management, Investments, Trustee

Lights, Camera, Estates!

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The Oscars are on Sunday, and I think we can all agree that the best movies always revolve around estates and trusts. Just look at the plot of my favourite Best Picture nominee this year: After an eventful career and life, the family patriarch suddenly passes away. Heartbroken and feeling responsible, his son (our hero) struggles as he takes his father’s place. His father’s estate was massive and contained very….

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Contracts, Estate Administration, In the News

Estate Applied to Have Filings Made by Taxpayer Lacking Mental Capacity Set Aside

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In Ntakos Estate v. The Queen, 2018 TCC 224, a family business was owned by the deceased taxpayer, Anna (after her husband passed away in 1995) with two brothers-in-law through a holding corporation. Anna’s mental and physical health declined from 1995 until her death in 2004. She was diagnosed in 2002 with cancer, and apparently lacked mental capacity after that date. In 2003, the accountant for the family business got….

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Canada Revenue Agency, Capacity Law, Estate Administration, Family Conflict, Investments, Property, Small Business, Spouse, Tax Issues, Testamentary Capacity, Uncategorized

To Remove or Not to Remove… That is the Question (with apologies to the bard)

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Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from BC to spend two weeks with Mary while she was in hospital. Shortly after Laura….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Wills

Conflicts of Interest – When Lawyers Will Be Removed (or not)

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By the time a matter reaches trial, a client and her lawyer will have spent a significant amount of time together. A bond often develops over the course of the relationship, with the client trusting that her lawyer will put forward her position forcibly and knowledgeably. As a result, an attempt by the other side to remove the lawyer from the file is disruptive and often viewed with suspicion. To….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Trustee Disputes
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